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. Each of the instant lands is owned by Taesung Heavy Industries Co., Ltd. (hereinafter “Teo Heavy Industries”). On December 31, 2012, the Plaintiff completed the registration of the establishment of a mortgage on each of the instant lands with the maximum debt amount of KRW 2,197,00,000, and the debtor Tae Tae Heavy Industries with respect to each of the instant lands.

(hereinafter “instant collateral security”). B.

With respect to each of the instant lands, on April 5, 2013, the real estate auction procedure commenced through Changwon District Court Tong Branch A, a joint auction procedure was completed on April 8, 2013, and the entry registration of the decision to commence the auction (hereinafter “registration of the decision to commence the auction of this case”) was completed on April 8, 2013, and thereafter on September 12, 2013, the decision to commence the auction of real estate was commenced on September 13, 2013, and the entry registration of the decision to commence the auction was completed on September 13, 2013, and each of the above auction procedures is being conducted

(hereinafter referred to as the “instant auction procedure” by combining the above compulsory auction procedure and the discretionary auction procedure

C. As to each of the instant land, the Defendant reported a lien on each of the instant land as the secured claim on attached Form 2.

【Ground of recognition】 The facts without dispute, entries in Gap evidence 1 through 3, and 5 (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s assertion ① The owner of each land of this case enjoys a benefit from the new construction of a factory building on each land of this case. As such, the Defendant’s claim for the construction cost reported by the lien in the auction procedure of this case on each land of this case (hereinafter “the construction cost claim of this case”) was generated with respect to each land of this case, and thus, the Defendant acquired a civil lien since it acquired possession of each land of this case prior to the registration of the commencement of the auction of this case.

② The Defendant holds a claim for the construction cost of this case due to commercial activities with Tae Tae Heavy Industries, and the claim for the construction cost of this case is due prior to the registration of establishment of the neighboring industry of this case.