1. The Defendant’s right to claim KRW 35,00,000 against B forest land No. 6,435 square meters in e.g., the right to claim as the secured claim.

1. Facts of recognition;

A. In order to secure the debt owed to Nonparty C, the Plaintiff obtained the registration of the establishment of the neighboring district court No. 52524 on April 16, 2012, as the maximum debt amount of KRW 910,00,000, the debtor C and the mortgagee, the plaintiff of Suwon District Court, and the Suwon District Court, as the receipt of No. 52524 on April 16, 2012, with respect to B forest land B (hereinafter “instant real estate”).

B. C did not repay the above collateral obligation, and the Plaintiff filed an application for voluntary auction with the Suwon District Court D with respect to the instant real estate based on the above collateral security, and received a voluntary decision to commence auction on January 31, 2013, and on the same day, the registration of the decision to commence voluntary auction was completed.

(B) On December 7, 2012, Nonparty E, who is another mortgagee, also another mortgagee, received a decision to commence voluntary auction from the Suwon District Court F on the same day, and completed a registration of entry on the same day).

The Defendant asserted that C did not receive KRW 35,000,000 for civil construction costs of the instant real estate from C, and reported the right of retention on October 7, 2013 in the auction procedure (hereinafter “instant auction procedure”).

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including virtual numbers), and the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant’s claim cannot be the secured claim regarding the instant real estate, and the Defendant’s possession is commenced after the effect of the seizure by the registration of the voluntary decision to commence the auction of the instant real estate, and thus, cannot be set up against the execution creditor of the auction procedure. Therefore, the Defendant’s assertion that there is no lien is nonexistent

The defendant asserts that even before the plaintiff's decision on voluntary decision on commencement of auction was registered, the defendant continued to exercise the right of retention by installing and occupying a container stuff on the real estate in this case.

3. Determination

A. The Plaintiff’s claim is first filed in a passive lawsuit for confirmation.