1. Of the instant lawsuits, there is no lien on each real estate listed in the separate sheet Nos. 6 to 11, 18 to 29.

1. Basic facts

A. On June 23, 2016, the Plaintiff filed an application for voluntary auction with respect to each of the real estate listed in the separate sheet Nos. 1 through 17 and 19 through 26 listed in B owned by B as a creditor and mortgagee B, and received a voluntary decision to commence the auction on each of the above real estate (hereinafter “instant auction procedure”) with the Incheon District Court C, and on June 24, 2016, the said decision to commence the auction was completed on June 24, 2016.

B. In the above auction procedure, the Defendant has a claim for construction price of KRW 14,539,726 as to August 12, 2016, calculated at the rate of KRW 594,539,726 ( principal KRW 580,00,000, and delay damages calculated at the rate of KRW 15% per annum from July 1, 2016 to July 31, 2016, and for construction price of KRW 14,539,726, and each real estate listed in attached Tables 1 through 5, 12, and 17 (hereinafter referred to as “market building”).

A) asserted that he has possessed the right to retention and submitted a lien report with the right to retention as the right to retention. [The fact that there is no dispute over the grounds for recognition, the entries in Gap evidence 1, 3, and 6, and the purport of the whole pleadings.]

2. The parties' assertion

A. Plaintiff 1) As of June 30, 2016, after the registration of the instant decision on commencement of auction was completed, the Defendant’s right of retention cannot be recognized as a secured claim. (2) The Defendant does not possess each real estate listed in the separate sheet (hereinafter “instant building”) and also occupies the real estate as indicated in the separate sheet.

Even if the decision on commencement of the auction of this case was commenced after the registration of the decision on commencement of auction of this case was made, the defendant's lien

B. Defendant 1 entered into a contract for the construction of the instant building with B on August 5, 2014, and completed the construction on January 13, 2015. However, Defendant filed a lawsuit claiming construction price against B due to the lack of payment of construction cost equivalent to KRW 700,000,000, and ultimately, Defendant 1 should pay the damages for delay calculated at the rate of 15% per annum from July 1, 2017 to the date of full payment.