1. The defendant has no right of retention against the plaintiff as to the real estate stated in the attached list No. 2.

1. Basic facts

A. On March 11, 2014, the Plaintiff received a compulsory decision to commence compulsory sale of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on the owner Non-Party Company (ownership of shares and buildings among the land) and E Co., Ltd. (ownership of the remainder of the land) based on the executory exemplification of the loan case by the Seoul Eastern District Court 2012Kahap1250 (hereinafter “Non-Party Company”).

B. On November 17, 2015, the Defendant completed the construction of the building listed in paragraph (2) of the attached Table (hereinafter “instant building”) in the compulsory auction procedure for the said real estate, and is attracting the instant building by designating KRW 380 million as the secured claim for the construction price claim against the non-party company that failed to receive after completing the construction of the facility, as the secured claim. The Defendant submitted a report on the right of retention with the content of “the instant building.”

C. On September 1, 2010, the Defendant entered into a construction contract with the Nonparty Company with the content that the construction cost shall be KRW 420,310,00 (including value-added tax) and the construction period shall be from September 1, 2010 to December 31, 201 of the same year (hereinafter “instant construction contract”). The Defendant completed the said construction project on or around November 2010.

However, it is recognized that the defendant received KRW 30 million from the non-party company as the construction price.

Around November 2010, the Defendant completed the construction project, left the construction site, and the fact that the Defendant does not occupy the remainder of the building of this case except the second floor is recognized by itself.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 (the same as Eul evidence 1), Gap evidence 2, Eul evidence 2 through 12, 15, and 22, and the purport of the whole pleadings

2. Determination

A. As to the Plaintiff’s assertion that the right of retention on the instant building was claimed by the Defendant as the secured claim, the Plaintiff has no claim for the construction cost.