1. Revocation of a judgment of the first instance;

2. There is no right of retention of the defendant with respect to M&M 7,055 square meters in Ansan-si.

1. Basic facts

A. D Co., Ltd. (E changed its trade name to D on December 5, 2006; hereinafter “D”) decided to newly construct a warehouse on the ground of 7,055 square meters in ASEAN-si, Busan Special Metropolitan City (hereinafter “instant land”). Around December 2006, it obtained a construction permit for new construction of a warehouse from the Asan market and permission for conversion of the said land, which was a forest state.

B. Since then, on the ground of the instant land, civil engineering works for the creation of a site (hereinafter “instant civil engineering works”) were conducted. On October 22, 2008, when the warehouse construction works had not been commenced due to the reasons of D funds, the order to commence voluntary auction on the said land was issued upon the application of Korea Technology Investment Corporation, which was the mortgagee of the right to collateral security (hereinafter “instant auction”) and the decision to commence voluntary auction was completed on the same day.

C. In the instant auction procedure, on July 27, 2010, when the rocketing Co., Ltd. decided to be the highest bidder of the instant land, the Defendant reported the lien on the said land on July 30, 2010, and the rocketing Co., Ltd renounced the purchase of the said land.

On October 5, 2010, when the plaintiffs were determined as the highest bidder of the above land during the above auction procedure, the defendant again asserted that on October 11, 2010, the construction work of this case was completed on April 2007, and that there was a claim for construction cost of KRW 190 million against D, and reported a lien as the claim for the above construction cost as the secured claim.

After paying the sale price of the instant land on November 10, 2010, the Plaintiffs acquired the ownership of 1/2 shares, and completed the registration of ownership transfer on December 6, 2010, filed an application for the issuance of an order to transfer real estate of the said land to Daejeon District Court Support G for the Incheon District Court against D and the Defendant who is the former owner of the right of retention. The said court accepted the application for D on December 8, 2010 and filed it with the Defendant.