1. The defendant's lien does not exist with respect to C forest land 15,319 square meters, and D forest land 200 square meters.

1. In full view of the overall purport of pleadings as to the statements in Gap evidence Nos. 1-1, 2, and 2 through 5, leisure fisheries cooperatives (hereinafter referred to as "nives fisheries cooperatives") leased KRW 2.5 billion to E on April 5, 201, and leased KRW 2.5 billion to E, and the plaintiff was granted a registration of the establishment of a neighboring forest with the maximum debt amount of KRW 2.33 billion with respect to the Incheon-gun Incheon-gun, Incheon-gun, the property of KRW 15,319 square meters, and KRW 200 square meters with respect to D forest (hereinafter referred to as "the forest of this case") owned by Eul, with respect to the above loans in arrears, and on June 19, 2013, with respect to the above loans in arrears, the plaintiff was granted a registration of the establishment of a collateral security right of KRW 15,500,000,000 with respect to the forest of this case, and on the same day, the defendant was granted a registration of the establishment of this case on May 14, 2015.

2. Determination as to the plaintiff and the defendant's assertion

A. The plaintiff asserts to the effect that since no evidence was found to prove that the defendant possessed the forest of this case prior to the decision on commencing the auction of this case, the defendant's right of retention shall not be established. Accordingly, the defendant asserts to the purport that since the defendant concluded a civil construction contract with E as to the forest of this case with E and ceased to perform the civil construction work, the right of retention

B. Pursuant to Article 320(1) of the Civil Act, a person who has possession of another person’s articles or securities has the right to retain such articles or securities until repayment is made, where a claim arising with respect to such articles or securities is due.

Article 320 of the Civil Act.