1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On January 4, 2013, the Industrial Bank of Korea was established with respect to each of the real estate listed in the separate sheet owned by Lossa Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “instant real estate”), with respect to each of the real estate listed in the separate sheet owned by Losa Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “the instant real estate”), and applied for an auction of the real estate rent to this court under the said right to collateral security (hereinafter “the instant right to collateral”). On April 18, 2014, the registration of the decision to commence the auction of the instant real estate was completed.

(hereinafter referred to as “instant auction procedure”). B.

On July 2014, the Plaintiff acquired the secured debt of the instant mortgage and the instant mortgage from the Industrial Bank of Korea.

C. On October 2, 2014, the Defendant reported the right of retention based on the secured claim of KRW 4,022,549,579 regarding the instant real estate at the instant auction procedure.

[Reasons for Recognition] Facts without dispute, entry of Gap 1, 2, and 4 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments;

A. There is no secured claim of the right of retention reported by the Plaintiff at the instant auction procedure, and the Defendant did not possess the instant real estate prior to the registration of the instant decision on commencing auction or the registration of the establishment of the instant neighboring real estate. Therefore, there is no Defendant’s right of retention that can oppose the Plaintiff as the mortgagee of the instant real estate.

B. The Defendant holds against the non-party company the right to claim the return of the purchase price following the cancellation of the business takeover agreement, and as the secured claim, exercises legitimate commercial lien on the instant real estate owned by the non-party company.

3. Determination

A. According to each of the evidence and evidence Nos. 2 and 5, prior to the existence of the secured claim, the following facts are recognized.

(1) The defendant on January 2012