1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. On August 5, 2011, the Plaintiff completed the registration of creation of a mortgage over KRW 1,105,00,000 for each of the real estates listed in the separate sheet owned by C (hereinafter “each of the instant real estates”) in order to secure a claim against C.

B. On June 13, 2013, the Plaintiff applied for a voluntary auction of real estate as to each of the instant real estate, and completed the registration of the filling-in.

(hereinafter the above auction procedure is referred to as “instant auction procedure”).

On September 2, 2013, the Defendant filed a lien on September 2, 2013, asserting that he/she has a claim for construction cost equivalent to KRW 350,450,000 for each of the instant real estate.

Each of the instant real estate was sold at the instant auction procedure, and the distribution procedure was completed on November 13, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The plaintiff seeks confirmation of the non-existence of the right of retention reported by the defendant in the auction procedure of this case, and first, we examine the legitimacy of the lawsuit of this case.

(b) The lien holder shall not request the successful bidder to reimburse the secured debt;

Although the lien holder is still able to refuse to deliver the real estate which is the object of the custody until his/her secured claim is repaid, the bidder of the real estate auction procedure shall make a bid by considering the fact that the objects of the auction can not be easily delivered from the lien holder after the successful bid, and accordingly, the real estate for the auction purpose is likely to be awarded at a lower price than that of the real estate. Accordingly, the risk of the decrease of the amount of dividends due to such successful bid is unstable in the legal status of the mortgagee in the auction procedure, and the said apprehension is removed.