1. As to real estate listed in the separate sheet, KRW 180,000,000 as secured claim shall be deemed as to the real estate listed in the separate sheet.

1. Basic facts

A. The Plaintiff, the mortgagee of the real estate listed in the separate sheet (hereinafter “instant building”) filed an application for the auction of real estate on the instant building with the Suwon District Court D, and on March 6, 2017, the decision to commence auction was issued and the record was registered on the same day.

B. On September 6, 2017, Defendant B Co., Ltd. (hereinafter “B”) asserted that the owner of the instant building and Nonparty E, the debtor against the Plaintiff’s right to collateral security, had a claim for the construction cost of the instant building, and filed a report on the right of retention with the intent to exercise a lien based on the said secured claim, and installed a banner during the exercise of the right of retention on the instant building.

Defendant C Co., Ltd (hereinafter referred to as “C”) also installed a banner during the exercise of the right of retention on the instant building.

[Ground of Recognition] Defendant B: A without dispute, Gap evidence Nos. 2 through 5 (including each number), Eul evidence Nos. 4 and 7, and the purport of the whole pleadings, Defendant C: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. The parties' assertion

A. The Defendants asserted that the Plaintiff did not hold the secured claim of the right of retention or occupy the building of this case, and there is no right of retention of the Defendants as to the building of this case.

B. Defendant B’s assertion 1) As to the secured claim, F, the representative director of Defendant B, was the representative director, G Co., Ltd. (hereinafter “G”).

(1) Of the instant building sites, Nonparty I Co., Ltd. (hereinafter “I”) who was the owner of 3,136 square meters of H forest in Sung-si, Sung-si, a part of the instant building site.

From this point of view, the construction of the instant building to be newly constructed on the said land was contracted and commenced.

After that, G, I, and Defendant C shall carry out the above construction around October 2014 by Defendant C, but the first progress payment is made from I.