1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

Claim:

1. Basic facts

A. The building indicated in the attached list of registration of ownership preservation on the instant building (hereinafter “instant building”) is a building newly built on the ground of 800 square meters (hereinafter “instant land”) in Namyang-si, Namyang-si. The registration of ownership preservation was completed in the name of E on May 24, 201, upon request of the registrar according to the provisional attachment order issued on May 18, 201 in the case of provisional seizure against real estate (hereinafter “instant land”).

(No. 101, 102, 103, 104, 105, 106, 107, 108, 201, 202, 301, and 302 at the time of registration of ownership preservation, etc., and the registration of an aggregate building was made.

On April 12, 2012, there was a decision to commence voluntary auction on the instant building, etc. and the Plaintiff’s purchase 1) on April 12, 2012 on the instant building and land upon the application of a mortgagee I, and on the same day, the entry registration of the decision to commence voluntary auction was completed (Korean Government District Court F; hereinafter “instant auction procedure”).

(2) On February 2, 2015, the Plaintiff was determined as purchaser at the sale date of the instant auction procedure, and completed the registration of ownership transfer on the grounds of sale due to voluntary auction on the same day.

C. On June 26, 2012, the Defendant: (a) reported the right of retention with the claim for construction cost of KRW 330 million as the secured claim at the instant auction procedure; and (b) currently, the Defendant asserted the right of retention and occupies the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, and 8 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. On February 9, 2015, the Plaintiff acquired and occupied the ownership of the instant building at the instant auction procedure, the Defendant deprived of the possession of the instant building and claimed a lien.