1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

1. Basic facts

A. On March 13, 2018, C Co., Ltd. (hereinafter “C”) filed an application for the auction of real estate rent with the Daegu District Court E, and completed the registration of the entry of the decision to commence auction on March 14, 2018 (hereinafter “instant auction procedure”), and on the same day, as to the instant real estate as the right to collateral security against D Co., Ltd. (hereinafter “D”).

B. On March 6, 2018, C transferred the above claim against FF Co., Ltd. with D, and the said Company transferred the said claim to the Plaintiff on March 28, 2018.

C. On September 4, 2018, the Defendant reported the right of retention (hereinafter “the instant right of retention”) to the effect that, among the “G Youngcheon Factory Construction Corporation”, the Defendant has a claim for construction cost of KRW 70 million for incidental civil works among the “G Youngcheon Factory Construction Corporation” (hereinafter “the instant right of retention”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the defendant's right of retention cannot be recognized since it is unclear whether the defendant's claim for construction price exists, and it is not confirmed that the defendant possessed the real estate of this case before the commencement of the auction procedure of this case.

On September 21, 2015, the Defendant entered into a contract on construction works with G for a construction cost of KRW 18 million with respect to “military engineering works among military construction works from the Youngcheon Factory Construction Works,” and the Defendant did not receive KRW 70 million out of the construction cost even after completion of the construction works. On November 11, 2016, H Co., Ltd (mutual change in G around September 2015) established a right to collateral security for a maximum debt amount of KRW 70 million with respect to part of the instant real estate, and thus, the Defendant’s right to claim for the construction payment is sufficiently recognized.

In addition, the defendant has exercised his/her right of retention from October 2017.