1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet;

2...

1. The following facts may be acknowledged in light of Gap evidence Nos. 1, 3, 4, 5-1, 2, 6, and 10, and the whole purport of the pleadings, and there is no counter-proof evidence.

As a loan creditor against B, the Plaintiff filed a lawsuit against the loan claim against the Incheon District Court 2016Kadan21819 and the judgment was finalized upon winning the judgment in favor of the “285,420,684 won and damages for delay.”

B. Accordingly, the Plaintiff filed an application for a compulsory auction with respect to each of the real estates listed in the separate sheet owned by the Suwon District Court Ansan Branch C (hereinafter “each of the instant real estates”) as an executive title, and received the decision to commence compulsory auction as of December 15, 2016, and completed the entry registration of the decision to commence compulsory auction on the same day.

(hereinafter “instant auction procedure”). C.

The defendant, around February 2, 2017, has a claim for construction cost equivalent to KRW 82,50,000 against B during the instant auction procedure, and "the building listed in paragraph 2 of the attached Table" is "the building of this case".

The right of retention is exercised in possession of 103 of them.

‘The ' has reported the lien.'

2. Summary of the parties' arguments

A. As the cause of the instant claim, the Plaintiff asserts that there is no lien on each of the instant real estate inasmuch as the Defendant filed a false report on the lien in the instant auction procedure even though there was no claim for construction price against B, and above all, it did not continue to occupy the instant building.

B. As to this, the Defendant completed the construction of the instant building (hereinafter “instant construction”) by being awarded a contract with D as a broker, but has not yet been paid the construction cost, and in order to preserve the claim for the said construction cost, the Defendant occupied 103 out of the instant building lawfully from before the date of the completion of the registration of the entry of the decision on commencing the auction of this case to the present date.