1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. The reasoning of the court's explanation concerning this case is as follows, except for the dismissal of the part of the judgment of the court of first instance No. 3, No. 1, and No. 6 of the judgment of the court of first instance as to this case, since the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance. Thus, the court's explanation of this case

2. On this part, the defendants asserted that the defendant A has a claim for the construction cost for the new construction of the building of the 12th floor of the 12th floor of the Busan, which includes the real estate in this case, and that the above construction cost claim has a lien on the real estate in this case, so the plaintiff's claim cannot be complied with.

The right of retention is established only when a claim arising with respect to an object is due and due (Article 320 of the Civil Act). Meanwhile, in cases where a lien is acquired after the seizure takes effect since the registration of the entry of the decision on commencing auction on real estate owned by the debtor becomes complete, it cannot be set up against the purchaser of the auction procedure on real estate. The contractor who has been awarded a contract for construction work, such as extension, renovation, etc. of the building owned by the debtor, prior to the completion of the registration of the entry of the decision on commencing auction

Even if the right of retention is established as a result of the completion of construction work after the completion of the registration of the entry of the decision on commencement of auction and the acquisition of the claim for construction cost after the seizure became effective, the contractor cannot oppose the buyer in the auction procedure on the ground of the right

(See Supreme Court Decision 201Da55214 Decided October 13, 2011, etc.). Comprehensively taking account of the health class, Gap evidence Nos. 1 through 4, Eul evidence No. 4, Eul evidence No. 7-1 through No. 7-5, and the overall purport of the pleadings as to the instant real estate, the decision to commence compulsory auction was issued to Busan District Court E on November 23, 2010, and the compulsory decision to commence compulsory auction was completed on November 24, 2010.