1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount:

1. Basic facts

A. The land listed in the separate sheet Nos. 1, 2, and 3 (hereinafter “instant land”) and the building listed in the list Nos. 4 (hereinafter “instant building”) were owned by the Korea Testing Co., Ltd. (former trade name: Daesan et al.; hereinafter “Korea Testing Co., Ltd.”).

B. Around 2006, the Plaintiff built the instant building. On July 23, 2008, the Plaintiff was not paid KRW 150 million out of the construction price (hereinafter “construction price”).

Accordingly, on April 28, 2009, the Plaintiff: (a) received a decision of provisional seizure of real estate ( Daegu District Court 2009Kadan4844, hereinafter “the provisional seizure order of this case”) with a claim amounting to KRW 150 million as to the land and the building of this case (hereinafter “real estate of this case”); and (b) completed the execution of the provisional seizure order around that time.

C. On May 29, 2009, on the instant real estate, the procedure for the auction of real estate (the Changwon District Court A; hereinafter “previous auction procedure”) was initiated and progress upon the application of the Korea Asset Management Corporation. On June 10, 2009, the Plaintiff reported the lien as the secured claim for the instant construction payment claim regarding the instant building at the auction procedure.

On January 5, 2010, the instant real estate was sold to Pedia Co., Ltd. (hereinafter “Pedia”), and its ownership was transferred. On that day, the entry registration of the instant provisional attachment decision concerning the instant real estate was cancelled.

On December 8, 2010, the procedure for the auction of real estate (the original district court B; hereinafter “instant auction procedure”) was initiated and progress upon the application of the Busan Bank Co., Ltd. on the instant real estate. On January 12, 2011, the Plaintiff made the instant claim for the construction cost as the secured claim regarding the instant building at the auction procedure.