1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.

2...

1. Basic facts

A. On May 19, 2008, the Plaintiff completed the registration of the establishment of a neighboring real estate worth KRW 1,932,00,000 with respect to each real estate listed in the separate sheet owned by B (hereinafter “each of the instant real estate”).

B. On May 23, 2014, the Plaintiff filed an application for voluntary auction with Suwon District Court C on each of the instant real estate based on the foregoing right to collateral security, and the said court rendered a voluntary decision to commence auction on May 26, 2014, and the current auction procedure (hereinafter “instant auction procedure”) is underway.

C. Meanwhile, at the instant auction procedure, Defendant DNA Development Co., Ltd. reported a lien of KRW 151,90,000 for each of the instant real estate, on December 10, 2014, by taking as the secured claim the construction cost of KRW 850,00,000 for each of the instant real estate as the secured claim. Defendant A on March 25, 2015, among each of the instant real estate, reported a lien of KRW 151,90,00 for each of the instant real estate by taking as the secured claim the amount of KRW 151,00 for each of the instant real estate, the land of the instant real estate as indicated in the attached Table No. 1 of the instant real estate.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff asserts that the Defendants did not have possession of each of the instant real estate until now, as well as the time when a voluntary decision to commence auction was registered, and thus, the Defendants asserted the right of retention as to each of the instant real estate in the auction procedure, and thus, they sought confirmation of its absence.

As to this, Defendant L&C Development Co., Ltd. has a claim for construction cost of KRW 850,00,000 against B by concluding a contract with Defendant L&C on May 3, 201 with respect to each of the instant real estate and achieving the progress rate of 90%, and continuously occupying each of the instant real estate from the beginning of construction to the present. As such, each of the instant real estate continues to be occupied from the beginning of construction to the present.