1. Claim for construction cost of KRW 540,000,000 as the secured claim with respect to the real estate indicated in the attached property.

1. Basic facts

A. On September 19, 2012, the National Bank Co., Ltd. (hereinafter “National Bank”) entered into a mortgage agreement with C with regard to each real estate indicated on attached real estate (hereinafter “each of the instant real estate”) with a view to having the right to collateral security of 1.2 billion won with respect to each of the instant real estate as indicated on attached real estate (hereinafter “instant real estate”) established, and completed the establishment registration of a collateral security agreement with regard to each of the instant real estate on the same day.

B. On October 27, 2014, the National Bank applied for the auction of real estate for each of the instant real estate to the Government District Court Goyang Branch D, which was based on the instant right to collateral security, and on October 28, 2014, the voluntary auction procedure regarding each of the instant real estate (hereinafter “instant auction procedure”) began on October 28, 2014.

C. On May 11, 2015, Defendant A Co., Ltd reported the right of retention to Defendant A Co., Ltd. on May 11, 2015, asserting that it has a claim for construction cost of KRW 540,000,000 according to the new construction works.

On the other hand, the Plaintiff was transferred the instant mortgage and secured debt from the National Bank.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2 and 3 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion

A. In the auction procedure of this case, the Defendants asserted that they had the claim for construction cost of KRW 540,00,000 according to the new construction works of each of the instant real estate, and filed a lien. However, the Defendants failed to present evidentiary documents, etc. regarding the details of construction in addition to the construction contract, and there is no evidence to deem that the Defendants possessed each of the instant real estate prior to the commencement of the auction procedure. Therefore, there is no lien on each of the instant real estate.

B. Defendant A Co., Ltd. (hereinafter “Defendant A”)’s assertion by the Defendants.