A. The Plaintiff: (a) was a mortgagee, who created the right to collateral security (hereinafter “instant right to collateral security”) with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) as the obligor B, the maximum debt amount of which is KRW 3,900,000,000; (b) applied for a voluntary auction on each of the instant real estates based on the instant right to collateral security; and (c) obtained a decision to voluntarily commence the auction procedure on October 5, 2016 and commenced the auction procedure.

B. Meanwhile, the Defendant filed an application for a compulsory auction on each of the instant real estate in accordance with the judgment on the construction cost case of Incheon District Court Decision 2016Da28780, May 2, 2016, the compulsory auction procedure commenced upon receipt of a decision to commence compulsory auction as D on May 19, 2016, and filed a report on the lien by asserting that the Defendant had a claim for construction cost of KRW 146,847,60 on May 19, 2016.

(hereinafter the above voluntary auction procedure and the above compulsory auction procedure are collectively referred to as "the auction procedure of this case") / s without dispute, Gap evidence Nos. 1 through 4 (including those with serial numbers; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings.

2. The parties' assertion

A. As to each of the instant real estate, the Plaintiff did not continuously occupy each of the instant real estate from May 2, 2016 before the date of the registration of the entry of the decision to commence auction until the date of the closing of argument.

Therefore, there is no defendant's lien on each real estate of this case.

B. From May 2, 2016 to the date of the closing of argument in the instant case, the Defendant placed vehicles and materials owned by the Defendant on each of the instant real estate, and installed a banner claiming a lien on the fences, and attached list.

9. The two multi-households (hereinafter “instant housing”) are occupied by the two-story of the light-weight structure, steel structure, single-hellll, roof, which are recorded real estate.

3. Determination

A. In the lawsuit of passive confirmation, such as the instant legal doctrine, the Plaintiff first specified the claim.