1. It is confirmed that the Defendants’ lien on each real estate listed in the separate sheet does not exist.

2...

1. Basic facts

A. On May 12, 2017, the Plaintiff implemented a loan to D Co., Ltd. (hereinafter “debtor”) with respect to each real estate listed in the separate sheet owned by the debtor company (hereinafter “each of the instant real estate”), the Plaintiff set up a right to collateral security, which is a maximum debt amount of 1,040,000,000.

B. The Plaintiff filed an application for voluntary auction based on the foregoing right to each of the instant real estate in arrears with the repayment of loans, and on February 7, 2018, the registration of the decision to commence voluntary auction (hereinafter “registration of the decision to commence the instant auction”) was completed on the same day after the Changwon District Court rendered a voluntary decision to commence the auction (E) and the auction procedure (hereinafter “instant auction procedure”).

C. On March 12, 2018, the Defendants asserted that there exists a claim for the construction cost of each of the instant real estate, and reported a lien of which the sum of the construction cost is KRW 371,140,000 (Defendant C 140,140,000, Defendant B231,00,000) as the secured claim at the instant auction procedure.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendants asserted that the Defendants, with the trade name of each F or G, set up steel frame production and installation, and set up the board construction, etc. at the request of H (hereinafter “H”). On October 24, 2017, the Defendants concluded a direct payment agreement with the debtor company and H on the subcontract price. From January 15, 2018, on the second floor of each real estate affairs of this case, from January 15, 2018, prior to the registration of the instant decision on commencement of construction, the Defendants, from January 18, 2018, set up a banner at the entrance of each of the instant real estate affairs of this case, who are Defendant B’s employees and employees of F, are the lien who possess each of the instant real estate of this case by setting up the banner at the entrance of each of the instant real estate affairs of this case as the secured claim.

As to this, the Plaintiff cannot recognize the claim for the construction cost of the Defendants’ assertion, as well as H.