1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Basic Facts

Before loaning KRW 1,243,00,00,00 to B on April 11, 2014, the Dongdaemun-gu Saemaeul Community Fund (hereinafter referred to as the "Seoan Saemaeul Community Fund") (hereinafter referred to as the "C") had the former address of "F" as the location of each real estate listed in attached Tables 5 and 6 of the attached Tables 5 and 3 (hereinafter referred to as "the instant real estate"), which is the location of the building listed in the attached Tables 5 and 6 of the common exchange with C (hereinafter referred to as "the instant real estate") or the sole ownership of C, constitutes a building listed in subparagraphs 3 and 8 and 9 of the attached Tables 3 (the certified copy of the real estate register).

As to the nine parcels of land including B and the four buildings (hereinafter collectively referred to as the “instant land and buildings”), the establishment registration of the neighboring Saemaul Depository, which is the mortgagee B, the maximum debt amount, KRW 1,615,90,000, and the mortgagee of the right to collateral security, has been completed.

On December 30, 2014, Jin enterprise Co., Ltd. filed an application for compulsory auction as D with the Incheon District Court Branch D with respect to the instant land and building on December 30, 2014. On December 31, 2014, the execution court completed the registration of the decision to commence compulsory auction on the same day when it rendered a decision to commence compulsory auction on the same day.

(hereinafter “instant case of compulsory auction.” On March 25, 2015, the Defendant filed a report on the right to retention with respect to the instant real estate at the above execution court on March 25, 2015, that the Defendant has a claim for construction cost equivalent to KRW 462,00,000 (including value-added tax) against C, and thus, the Defendant filed a report on the right to retention with respect to the instant real estate. The Hanan Saemaul Community Depository filed an application for voluntary auction with the Incheon District Court Vice-Support E with respect to the instant land and buildings on March 26, 2015, following the decision to consolidate the said voluntary auction case and the instant case of compulsory auction, and completed the registration of the decision to commence voluntary auction on April 2, 2015 on the same day.

On the other hand, on June 22, 2015, the Universal Community Credit Union transferred to the Plaintiff the above-mortgage loans against the Plaintiff on the same day, and on June 22, 2015.