1. It is confirmed that the defendant's lien does not exist with respect to the real estate listed in the attached list.

2...

1. Basic facts

A. C In the instant case, on September 23, 2015, the owner of the real estate listed in the separate sheet (hereinafter “instant land”) through the land in the instant case is D, 6, and 7, the owner of the land is E.

After completing the registration of creation of a mortgage on the debtor D, the maximum debt amount of KRW 1,30,000,000 and KRW 950,00,000 were loaned to D on September 25, 2015.

B. When D delays the repayment of the principal and interest, C applied for a voluntary auction to the District Court of the Government (F).

On April 13, 2017, the court decided to commence a voluntary auction.

C. On June 20, 2017, the Plaintiff acquired the above loan claims (a total of KRW 1,011,852,500 as of June 20, 2017) from C, and was transferred by C as to the instant land.

The Defendant asserted that the remainder of the claim amounting to KRW 482,00,000 in total of the expenses, interest, removal cost, design cost, waste disposal cost, and waste disposal cost (hereinafter “the claim for construction cost of this case”) payable from D is KRW 175,00,000, and reported the lien to the auction court on May 30, 2017.

E. According to the survey on the current status of real estate by the auction court, on April 26, 2017, the instant land was removed from D’s housing, and considerable quantity of construction waste, household garbage, removed vinyl, etc. are left alone, and part of the land is being used as roads.

[Reasons for Recognition] Facts without dispute, entry and video of Gap 1 through 4, 7 through 12 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Where a contractor who built a new building to determine the claim has the right to retain the building until he/she received the claim if the contractor occupies the building and claims for the construction proceeds arising from the building, the contractor has the right to retain the building until he/she received the payment of the claim. However, where the contractor who received the contract for the new building installed a structure that cannot be viewed as an independent building under the generally accepted social norms and the construction was interrupted on the land, the said fixtures are merely