1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

1. Basic facts

A. On July 21, 2010, the Plaintiff completed the registration of creation of a neighboring mortgage with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned by B on July 21, 2010, with a maximum debt amount of KRW 1.83 billion.

B. B did not repay the above loans to the Plaintiff, and the Plaintiff filed an application for auction to exercise the security right to each of the instant real estate based on the foregoing collateral security, with this court C, and this court rendered a decision to commence the auction on March 19, 2014, and the record was completed on the same day.

(hereinafter “instant auction”). C.

On April 18, 2014, the Defendant asserted that the instant real estate has a claim of KRW 536,00,000 for the construction cost, and reported the lien.

[Reasons for Recognition] Evidence No. 2-1 through 9, Evidence No. 3, Evidence No. 4-1, and the purport of the whole pleadings

2. Whether the defendant's right of retention exists

A. The plaintiff's assertion that the defendant's claim for construction price related to each real estate of this case does not actually exist or the maturity date has not arrived. The defendant asserts that there is no right of retention of the defendant with respect to each real estate of this case since it does not occupy each real estate of this case prior to seizure due to the entry registration of the decision to commence the auction of this case.

As to this, the defendant asserted that the defendant's registration of entering the above decision of commencement of auction was completed and thus the seizure took effect, it is a legitimate lien who possesses each of the above real estate based on the claim for construction price related to each of the above real estate.

B. In a case where a lien has been acquired after the seizure took effect after the registration of the entry of the ruling to commence the auction was completed on the real estate owned by the debtor, the relevant real estate shall be subject to the auction procedure.