1. The defendant's claim for construction cost of KRW 163,480,00 for each real estate listed in the separate sheet shall be the secured claim.

1. Basic facts

A. On July 21, 2009, the Plaintiff lent KRW 1,850,00,000 to B as a general loan for household funds, and completed each registration of the establishment of a mortgage on each real estate listed in the separate sheet (hereinafter “the real estate of this case”) owned by C Co., Ltd. (D Co., Ltd. (hereinafter “C”) in order to secure the above loan claims.

B. On April 30, 2012, E applied for the commencement of voluntary auction to the Jinwon District Court for each of the instant real estate, and completed the entry registration on the same day after receiving a decision to commence voluntary auction on the same day.

C. As the Plaintiff did not repay the principal and interest of this case, the Plaintiff applied for a voluntary auction of real estate to Changwon District Court Jinju Branch G with regard to each real estate of this case, and completed the registration of the entry on September 12, 2014, upon receipt of a voluntary decision to commence auction on September 11, 2014.

(hereinafter “Voluntary Auction”) D.

On November 20, 2014, the Defendant reported the right of retention to the instant voluntary auction court on the ground that “the Defendant: (a) determined the construction cost of KRW 218,480,000 between C and C on February 25, 2012; (b) concluded a construction contract with the effect that the worn-out charcoal 10 is removed; and (c) newly constructed the Red Sea-type Mar. 7, 2012 to May 9, 2012; (d) on the ground that the construction was completed from March 7, 2012 to May 20, the Defendant did not receive KRW 163,480,00 from C out of the construction cost.”

[Reasons for Recognition] Unsatisfy, each entry of Gap 1 through 5 (including each number), and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Although the Defendant did not have the right of retention on each of the instant real estate, the Plaintiff filed a report that he had the right of retention as stated in the claim in the voluntary auction court of this case. Thus, the Plaintiff, who filed an application for voluntary auction of this case as a mortgagee of each of the instant real estate, has the right of retention on each of the instant real estate.