1. It is confirmed that the defendant's lien does not exist with respect to the real estate listed in the attached list.

2...

1. Basic facts

A. On August 27, 2012, the Plaintiff registered the establishment of a neighboring real estate listed in the separate sheet owned by Nonparty B (hereinafter “instant real estate”) with the maximum debt amount of KRW 390,000,000, the debtor B, and the mortgagee of the right to collateral security (the trade name at the time was “village community credit cooperatives”).

B. On May 13, 2013, Nonparty C completed the registration of establishment of a neighboring mortgage with respect to the instant real estate at issue, the maximum debt amount of KRW 90,000,000, B, and the mortgagee C.

C. C filed an application for voluntary auction with the Daegu District Court for the instant real estate at issue on October 23, 2015, and the said court rendered a voluntary decision to commence the auction on the instant real estate, and on the same day, registered the entry of the decision to commence the auction on the instant real estate on the same day.

(F) Daegu District Court Branch D. D.

Since then on November 24, 2015, the defendant reported the lien of KRW 350,000,000 in the above auction procedure as the secured claim.

E. On March 29, 2016, the Plaintiff filed an application for voluntary auction with respect to the instant real estate, and the said court rendered a decision to commence voluntary auction on or before March 29, 2016, and on the same day, the Plaintiff registered the decision to commence voluntary auction on

(E) [Ground for recognition: Facts without dispute, entries in Gap evidence 1 and 2, and purport of the whole pleadings]

2. Determination as to the claim

A. The defendant's principal does not hold a claim for the construction price against B, or does not possess the real estate of this case, so there is no right of retention for the defendant.

Even if the Defendant had a claim for the construction price against B and possessed the real estate of this case, the Defendant commenced possession after the seizure became effective, and thus, cannot be set up against the Plaintiff as a lien.

B. The defendant's assertion against B