1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On March 1, 2008, a contract agreement was made between B (hereinafter “B”) and the Defendant, who was the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”) to conclude a contract for the construction of the new building set forth in paragraph 3(3) of the attached sheet (hereinafter “instant building”) at KRW 870 million.

B. On November 28, 2008, the head of Suwon-si Office approved the use of the building of this case, and on January 6, 2009, the registration of preservation of ownership of the building of this case was completed by the Suwon-si Branch of Suwon District Court No. 1293 as to the receipt of the Suwon-si Branch of Suwon District Court.

C. On March 23, 2010, the Suwon District Court's Suwon District Court's Office of Registration, which received on March 23, 2010, created a joint mortgage with a maximum debt amount of three billion won based on a claim against B. On the application of the Industrial Bank of Korea, there was a decision to voluntarily commence auction to Suwon District Court C on May 7, 2012, and on the same day, the said decision to commence auction was registered.

The Bank transferred its claim against B to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 4, 6, 9 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the existence of a lien

A. The gist of the parties’ assertion 1) The Defendant did not hold a claim for the construction cost due to the construction of the instant building, and did not possess the instant real estate prior to the registration of the decision on commencing auction of the instant real estate, so there is no lien on the instant real estate. 2) The Defendant had a claim for construction cost, which is the secured claim of the lien, and accordingly, owned and managed the instant building directly. Accordingly, the Defendant has a lien on the instant real estate.

B. Attachment is based on the registration of the entry of the decision on commencing auction on real estate owned by the obligor of the first legal doctrine.