1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.

2...

1. Basic facts

A. On August 8, 2014, the Plaintiff completed the registration of establishment of a neighboring mortgage, which amounts to 100,000,000 of the maximum debt amount, regarding each real estate listed in the separate sheet (hereinafter “instant building”) owned by D (hereinafter “instant building”).

B. The Plaintiff filed an application for a voluntary auction of real estate rent to this court E with respect to the instant building where D would have failed to repay its debts, and received a voluntary decision on the commencement of auction on December 27, 2016, and on the same day, the entry and registration of the voluntary decision on commencement of auction on the said building was completed.

(hereinafter “instant auction procedure”). C.

In the instant auction procedure, around January 17, 2017, Defendant C asserted that D had a claim for construction cost equivalent to KRW 35,000,000 against D due to the installation of freezing storage, and Defendant B Co., Ltd (hereinafter “Defendant B”) filed a lien on January 25, 2017, asserting that D had a claim for construction cost equivalent to KRW 45,000,000 as a result of the construction of a drying house around January 25, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendants did not occupy the instant building, and even if they occupy the instant building, there was no claim for each construction cost against D or extinguished due to repayment, etc. As such, there is no right of retention by the Defendants as to the said building. (ii) Defendant B’s assertion by the Defendants concluded a construction contract with D on March 1, 2016 and completed the construction by being awarded a construction contract with the construction cost of KRW 45,00,000. Defendant C was an individual entrepreneur who installs freezing equipment with the trade name “F.” On August 2, 2016, the Defendant C completed the construction by being awarded a contract with 35,00,000 won for freezing freezing storage installation from D. However, the Defendants did not occupy the entire building of the instant building, but did not exercise a right of retention on the wall of the said building site and freezing warehouse.