1. As to the case of the voluntary auction of real estate A with the Busan District Court Branch A, the defendant was the above court as of January 21, 2014.

1. Basic facts

A. In order to secure the claim against B, the National Bank Co., Ltd. (hereinafter “National Bank”) completed the registration of the establishment of a neighboring real estate as indicated in the separate sheet owned by B and C (hereinafter “instant real estate”) with respect to each real estate (hereinafter “instant real estate”) as indicated in the separate sheet owned by B and C by the Incheon District Court No. 46586, Jul. 26, 2014 (the maximum debt amount) KRW 480,000,000.

B. On August 2, 2013, the National Bank applied for a voluntary auction on the instant real estate to the Busan District Court Branch A, which was ordered to commence auction on August 2, 2013 (hereinafter “instant auction procedure”), and the entry registration of the decision on commencing auction was completed on August 5, 2013.

C. While the instant auction procedure was in progress, the Plaintiff acquired the above claim and collateral security against B from the National Bank.

On January 21, 2014, the Defendant reported the right of retention to the above auction court, asserting that the construction of the factory site for the instant real estate was carried out, but the construction cost was not paid to KRW 94,00,000,000, even though it was carried out.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3, and 7 evidence (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion is that the Plaintiff did not have a claim for construction price against B claimed by the Defendant, and even if a claim exists, the Defendant does not currently possess or currently occupies the instant real estate.

Even if the starting point of possession is after the completion of the registration of the entry of the decision to commence the auction on the real estate of this case, the right of retention cannot be established as it goes against the prohibition of disposition of seizure.

On April 15, 2012, the Defendant concluded a construction contract and completed the said construction work by setting the construction cost of KRW 94,000,000 with respect to the instant real estate between B and B.