1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. Voluntary auction and lien reporting 1) The Plaintiff is Sshick Development Co., Ltd. on June 4, 2013 (hereinafter “Sshack Development”).

2) The instant land is owned by Pyeongtaek-si Co., Ltd. 444.5 square meters (hereinafter “instant land”).

(2) On October 29, 2013, the Plaintiff filed an application for voluntary auction on the instant land on the basis of the registration of the creation of a new mortgage, and accordingly, rendered a decision to commence voluntary auction on October 30, 2013. On November 1, 2013, the registration of the decision to commence voluntary auction was completed on the instant land on the following grounds: (a) the Plaintiff filed an application for voluntary auction on the basis of the registration of the establishment of a new mortgage; (b) the registration of the decision to commence voluntary auction was completed on the instant land.

(C) On January 20, 2014, the Defendant reported a lien to an auction court on January 20, 2014 on the ground of the existence of the claim for construction cost arising from the soil and underground construction performed on the instant land (hereinafter “instant auction procedure”). (2) The Defendant entered into a contract for construction works with the Korea Housing Corporation (hereinafter “Korea Housing Corporation”) for the purpose of constructing a new urban residential housing building on the instant land, with the construction cost of KRW 2,936,00,000 (hereinafter “Korea Housing Corporation”) for the purpose of constructing a new urban residential housing building on the instant land; and on February 9, 2013, the Korea Housing Corporation subcontracted construction works with the Defendant for the construction period of KRW 2,936,00,000,00 for the construction cost of Korea Housing Corporation (hereinafter “Korea Housing Corporation”) from February 19, 2013 to April 30, 2013 to 208.

2. From around that time, the Defendant started civil engineering works and soil fences for newly constructing urban-type residential housing on the instant land, thereby installing iron fences on the boundary of the land. Meanwhile, while carrying out underground ground-breaking construction works, steel-processing structures installation, soil-preventive works, etc., the Defendant brought up containers, stuffs, materials, etc. for field offices at that place.