1. The Defendants’ claim for the construction cost against the non-party D Co., Ltd. regarding each real estate listed in the separate sheet.

1. Basic facts

A. The plaintiff on July 13, 2007 and the same year

9. On 19.19. Around the 19.19. Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”), each of the real estates listed in the separate sheet owned by the Nonparty Company (hereinafter “instant real estate”).

B. On September 26, 2014, the Plaintiff filed an application for voluntary auction (hereinafter “instant auction”) with respect to the instant real estate to Chuncheon District Court Seocho Branch E, and received a voluntary decision on commencement of auction on September 26, 2014, and the entry registration of the decision on voluntary commencement of auction was completed on the same day.

C. On October 8, 2014, the Defendants submitted a lien report to the effect that “the instant real estate has a lien of KRW 287 million due to the unpaid construction cost, out of the total construction cost of KRW 300 million,” at this court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2-1 through 9, Gap evidence No. 3, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Since Defendant C received a favorable judgment against Nonparty C by filing a lawsuit claiming the ownership transfer registration of the instant real estate with the Suwon District Court Sung-nam Branch 2012Ga201812, Defendant C cannot be deemed to have claimed a lien on the instant real estate, since Defendant C’s assertion of a lien on the instant real estate cannot be deemed to have claimed a lien on the said real estate, and Defendant A’s exercise of a lien on the instant real estate is delegated to Defendant C. Thus, Defendant A’s lien cannot be recognized.

B. The Defendants asserted the claim for construction cost under the construction contract concluded on January 6, 200 between F and F, which was the owner of the instant real estate, as the preserved claim, but the said Corporation completed around August 200, and the claim for construction cost was subject to the short-term extinctive prescription of three years, and thus, the claim for construction cost as claimed by the Defendants had expired by prescription prior to the commencement of voluntary auction.

C. The instant real estate is substantially managed by the Nonparty Company.