1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

1. Basic facts

A. From September 30, 2005 to May 25, 2010, the Plaintiff lent KRW 520 million to B four times, and as to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) in order to secure the above claim, the obligor B and the mortgagee registered the establishment of the neighboring mortgage as the Plaintiff.

B. On April 30, 2014, the Plaintiff failed to receive the above loan, and applied for a voluntary auction of real estate regarding each of the instant real estate to the Jung-gu District Court C on April 30, 2014. The said court rendered a decision to commence voluntary auction on May 2, 2014, and on the same day, the decision to commence voluntary auction was registered.

C. Meanwhile, on August 16, 2013, in order to secure the construction cost of KRW 113,00,000 for B, the Defendant completed the registration of creation of a mortgage over each of the maximum debt amount of KRW 113,00,000 for the real estate stated in the separate sheet Nos. 1 through (7) as indicated in the separate sheet Nos. 1 through (7). The Defendant filed an application for an auction of real estate with the District Court D and received a decision of commencement of auction from the above court on February 13, 2014, and the said decision was

On August 5, 2014, the aforementioned C Voluntary Auction case was consolidated in the D Voluntary Auction case (hereinafter referred to as “instant Auction”).

E. In the instant auction procedure, the Defendant filed a lien report on each of the instant real estate on September 18, 2014, on the ground that: (a) the instant auction procedure had not received KRW 113,00,000 out of the construction cost of KRW 143,40,000; and (b) on September 18, 2014, the Defendant filed a lien report on each of the instant real estate as the secured claim.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 through 9 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is only F real estate in Gyeonggi-gu, which is subject to the Defendant’s right of retention, and even if the entire real estate of this case is related to the Defendant’s claim for construction cost.