1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. On June 15, 2011, in order to secure a claim against G, the Pakistan Livestock Industry Cooperatives (hereinafter referred to as the “YYA”) completed a contract to establish a collateral security agreement with respect to the instant real estate owned by D (hereinafter referred to as the “mortgage”) with the debtor G, the maximum debt amount of which is KRW 3,185,00,000,000, and completed the registration of the establishment of a neighboring mortgage on the same day.

B. On June 19, 2014, on the instant real estate on June 19, 2014, the Pakistan had received a decision on the voluntary auction of the instant real estate (hereinafter “decision on the commencement of auction”), and on the same day, the registration of the decision on voluntary auction was completed with the same content as the instant real estate.

C. On November 3, 2014, the Asset Management Company completed the registration of the instant collateral security transfer for the reason of the transfer of the confirmed claim from the Madcheon National Federation, and completed the registration of the instant collateral security transfer for the reason of the transfer of the confirmed claim to the Plaintiff on June 5, 2015.

On the other hand, on April 29, 2015, the Defendant reported the right of retention to the auction court by asserting that “H and I that purchased the instant real estate from D has a claim for construction cost of KRW 55,00,000 upon being awarded a contract with H and I for construction work and reinforcement of the instant real estate, and that the said claim is occupying the instant real estate with the secured claim as the secured claim.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 7 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s claim for construction price concerning the instant real estate does not exist, or only a part of the claim for construction price reported by the Defendant exists, and even if any, extinctive prescription has already expired.

In addition, since the defendant did not possess the real estate of this case before the decision to commence the auction of this case, the right of retention is not recognized.

B. The defendant's assertion.