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

3. The correction of the purport of the claim by this court.

A. On June 12, 2015, the Plaintiff completed the registration of the establishment of a mortgage on each real estate listed in the separate sheet owned by G farming association corporation (hereinafter “association corporation”) [the “each of the instant land”, “each of the instant buildings”, “each of the instant buildings”, and “number of land (or a building)” according to the separate sheet number, with respect to the registration of the establishment of a mortgage on each of the real estate listed in the separate sheet owned by G farming association corporation (hereinafter “association corporation”).

B. As to each of the instant lands and buildings, the Plaintiff filed an application for auction to exercise the security right with the Jeonju District Court B on the basis of the aforementioned right to collateral security, and registered the commencement decision on November 2, 2016.

(hereinafter “instant auction procedure”). C.

On April 20, 2017, the Defendant submitted a lien report of KRW 370,700,000 of the amount of credit in the auction procedure of this case.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff asserts that there is no right of retention of the Defendant with respect to each of the instant lands and buildings, since the Defendant did not possess the secured debt of the right of retention and does not occupy each of the instant lands and buildings, and sought confirmation thereof.

B. On this issue, the Defendant asserts that there exists a lien on each of the instant buildings, since the Defendant occupied the claim for the construction cost arising from each of the instant buildings as the secured claim (the specific content of the Defendant’s assertion is as follows). 3. In a passive confirmation lawsuit on the relevant legal principles, if the Plaintiff asserts to deny the fact that the cause of the obligation arises by specifying the claim first, the Defendant, the obligee, bears the burden of asserting and proving the fact that the obligation arises by specifying the claim first, and thus, in a lawsuit seeking confirmation of non-existence of a lien, there is a relation between the object of the lien