1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

3...

1. Basic facts and the grounds for the court’s explanation on this part of the parties’ assertion are as stated in the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim on the principal lawsuit

A. Relevant legal principles and requirements for the establishment of a lien and possession, which is the requirement for existence of existence, mean the objective relationship that the object is deemed to belong to a person's factual control under the social norms, and to have de facto control, the object does not necessarily mean physical and practical control, but should be determined in conformity with the social concept by taking into account the time, space and principal relationship with the object, the possibility of excluding others' control, etc.

(See Supreme Court Decisions 95Da8713 delivered on August 23, 1996, 2009Da39530 delivered on September 24, 2009, etc.). Meanwhile, in a case where a debtor acquired a lien by transferring the possession of the construction cost to the creditor of the construction cost related to the said real estate after the registration of the decision to commence auction was made on the real estate owned by the debtor and the seizure became effective, the transfer of such possession goes against the prohibition of the disposition of seizure, since it constitutes a disposal act that is likely to reduce exchange values of the object, and thus, the possessor cannot oppose the buyer of the auction procedure on the said real estate on the ground of the above lien.

Therefore, in order to oppose a buyer in an auction procedure on the ground of a lien, the fact that the lien was acquired should be attested before the entry of the decision on commencing auction has been registered.

(See Supreme Court Decision 2005Da22688 Decided August 19, 2005, Supreme Court Decision 2008Da70763 Decided January 15, 2009, etc.) B.

The following facts are acknowledged by comprehensively taking into account the evidence mentioned above-mentioned facts and the evidence mentioned above-mentioned Nos. 4, 11, 15, 16, 21, and 22, and the testimony and overall purport of AH of the trial witness at AH.