1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On February 18, 2011, E Co., Ltd. (hereinafter “E”) concluded a contract with the Defendant, setting the construction period as KRW 1 billion for construction work (excluding value-added tax) from February 21, 201 to May 30, 201, with the same factory building as the attached Form (hereinafter “instant building”) on the land outside Gyeong-gun, Gyeong-gun, Gyeong-gun, and four parcels on the land.

(hereinafter “instant construction contract”). B.

The Defendant commenced construction under the instant construction contract and completed steel structure construction around April 201, but suspended construction from April 27, 201 when E did not pay the construction cost.

C. On November 22, 2012, Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”) received a provisional decision prohibiting the disposal of real estate (Seoul District Court Decision 2012Kahap152, Changwon District Court Branch Decision 2012Kahap152, Nov. 26, 2012) on the right to claim the implementation of the procedures for the registration of the establishment of a neighboring mortgage on the instant building as a preserved right. The registration of the preservation of ownership was completed in the name of E on November 26, 2012 due to the entrustment of the registration of the entry following

Since then, the establishment registration of the neighboring mortgage was completed in the name of the bank in the instant building, and the decision to voluntarily commence the auction was rendered on September 11, 2013 at the request of the bank, which is the mortgagee of the right to collateral security, and on September 12, 2013, the decision to voluntarily commence the auction was completed on September 12, 2013.

(The above auction case was consolidated with the H Voluntary Auction case of Changwon District Court Msan Branch. (e)

In the above auction procedure, the defendant reported the lien with the claim for the construction cost of KRW 775,407,530 as the secured claim.

F. The Plaintiff purchased the instant building at the above auction procedure and paid in full the sale price on November 24, 2014, and completed the registration of ownership transfer on the instant building on November 27, 2014.

G. The Defendant shall install locking devices on the access road to the instant building, and install containers next to the instant building.