1. Claim for construction cost of KRW 390,000,000 for each machinery and instrument listed in the separate sheet shall be deemed as a secured claim.

1. Basic facts

A. The Plaintiff is a specialized securitization company established in accordance with the Asset-Backed Securitization Act, and the Defendant is a person engaged in the business of manufacturing automatic measuring and control equipment in the trade name B.

B. On June 22, 2015, U.S. (hereinafter “S”) purchased five buildings (hereinafter “each real estate of this case”) including 6,360 square meters of land in Ulsan-gu and 1, 2, 3, 3, 4, and 6 on its ground from the New Heunging Business Co., Ltd. (hereinafter “New Heunging Business”), and completed the registration of ownership transfer on the said real estate on July 21, 2015.

C. On July 21, 2015, the National Bank Co., Ltd. (hereinafter “National Bank”) established the establishment of a neighboring mortgage with the maximum debt amount of KRW 4440 million as to each of the instant real estate on July 21, 2015, with the aim of securing the claims for loans to E.S., and included each of the instant real estate in the separate sheet (hereinafter “instant machines and instruments”) on the list of objects of mortgage (Article 6) stipulated in Article 6 of the Factory and Mining Foundation Mortgage Act.

On August 24, 2016, the National Bank applied for voluntary auction to Ulsan District Court D on each of the instant real estate, and on August 25, 2016, the registration of the commencement of auction was completed.

(2) On February 13, 2017, the Plaintiff’s partial withdrawal on February 10, 2017, and the registration of entry into the auction procedure on the building No. 6, among the instant real estate, was revoked on the grounds of the Plaintiff’s partial withdrawal.

E. On March 8, 2017, the Defendant reported the right of retention for the claim for construction price of KRW 390 million regarding the instant machinery and instruments at the instant auction procedure.

F. On September 6, 2016, the National Bank transferred P&A’s loan claims against E&A to E&A Co., Ltd., and on September 29, 2016, L&A Co., Ltd transferred the above loan claims to the Plaintiff.

A national bank shall: