1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

1. Basic facts

A. On August 3, 2012, the Plaintiff, while granting a loan to C, completed the registration of creation of a collateral with respect to each of the real estates listed in the separate sheet owned by C (hereinafter “each of the instant buildings”) on August 3, 2012, with a maximum debt amount of KRW 104,00,000.

B. As the Plaintiff was unable to receive the above loan from C, on June 2013, the Plaintiff filed an application for a voluntary auction of real estate regarding each of the instant buildings, etc. with the Changwon District Court through the Youngwon District Court, and the said court rendered a voluntary decision to commence the auction on June 7, 2013 (hereinafter “instant auction procedure”) (hereinafter “instant auction procedure”), and on the same day, the registration of the entry of the voluntary decision to commence the auction of each of the instant buildings (hereinafter “registration of the entry of the decision to commence the voluntary auction”).

C. On August 5, 2014, the Defendant asserted that the instant auction procedure was the lien holder holding a claim equivalent to KRW 97,000,000 for the construction cost of each of the instant buildings, and submitted a lien report on each of the instant claims as the secured claim.

【Grounds for Recognition】 The entries of Evidence Nos. 1-1, 2, and 5-2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The gist of the parties’ assertion 1) The Plaintiff asserts that the Defendant asserted a lien in the instant auction procedure even though the Defendant did not occupy each of the above buildings at the time of the registration of the decision on commencing voluntary auction of this case, and sought confirmation of the non-existence of such lien. 2) The Defendant, instead of each of the instant buildings E Co., Ltd. (hereinafter “E”), paid KRW 20,000,000 construction cost for building construction to F (G architect) and remitted KRW 27,00,000 to H (trade name: I) for building design cost, KRW 26,00,000,000 for building stones construction cost, and transferred to Si Corporation E, and transferred KRW 27,00,000,000 for construction cost to Si Corporation E., and the additional construction cost, such as the internal electrical construction work, the entrance, and the main construction work.