1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On April 29, 2014, the New Saemaeul Community Co., Ltd.: (a) performed a loan to the Geum River Construction Co., Ltd. (hereinafter “ Geum River Construction”); and (b) respectively set up a right to collateral security of KRW 104,00,000 on each of the real estate listed in the attached list owned by Geum River Construction (hereinafter “instant building”).

B. As the Geum River Construction failed to repay the principal and interest of the loan, the New Jeju Saemaul Bank applied for voluntary auction of the building of this case to Cheongju District Court Chocheon- Branch H, which was ordered to commence voluntary auction on June 19, 2017

(hereinafter “instant auction procedure”). C.

On June 28, 2017, the Plaintiff acquired loan claims and collateral security rights for the construction of Geum River from the Korea Saemaul Bank of Cheongju, and transferred each of the collateral security rights to the instant building under the name of the Plaintiff on July 25, 2017, and succeeded to the status of the creditor of the auction procedure of the instant case around August 28, 2017.

On September 12, 2017, the Defendant reported a lien of KRW 40,450,000 for the construction of Geum River as the secured claim at the auction procedure of this case.

E. Meanwhile, on November 22, 2017, the Plaintiff filed an application for the suspension of voluntary auction with the executing court, respectively, and filed an application for the postponement of the auction date on the 27th of the same month, and accordingly, the progress of the instant auction procedure has been suspended until now.

[Ground for recognition] Unsatisfy, entry in Gap evidence 2-4 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion cannot be deemed that the defendant occupied the building of this case, the defendant's claim for construction price is nonexistent or unrefised, and even if there are claims for construction price.

Even if construction of the instant building was completed on January 2014 or from June 23, 2015, which was prepared by the Geum River Construction Co., Ltd., the completion date of construction, the extinctive prescription has elapsed since three years from June 23, 2015, and there is no right of retention of the Defendant concerning the instant building

B. The defendant's assertion is from the Geum River Construction.