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

The purport of the claim and the appeal shall be 1.

A. On June 10, 2016, C Co., Ltd. (hereinafter “C”) completed the registration of ownership preservation on each real estate listed in the separate sheet as indicated in the separate sheet, and completed the registration of ownership transfer on the same day to D Co., Ltd. (hereinafter “trust company”) on July 6, 2016.

B. 1) The Plaintiff is the first priority beneficiary of the original copy of the real estate collateral trust agreement concluded on July 6, 2016, which was concluded on July 6, 2016 between C (the trustor) and the trust company (the trustee) with respect to 24 real estate including each real estate listed in the separate sheet (the issue amount of the certificate of beneficial interest in KRW 2.5 billion).

2) On March 4, 2019, the Defendant submitted to a trust company a report on the right of retention on each real estate stated in the attached list, and the trust company passed it to the Plaintiff on March 19, 2019.

Plaintiff

A trust company has notified the Defendant of its intention to exclude the right of retention at that time, and the Defendant submitted a written reply to the trust company on April 19, 2019, and the trust company passed it to the Plaintiff on May 2, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the existence of interest in confirmation of non-existence of a lien is scheduled to request a trust company to file an application for a public auction on each real estate listed in the separate sheet with the truster and the obligor for non-performance of the obligation of C. The Defendant asserts this right. The Plaintiff is the first priority beneficiary of the original trust under the security trust contract for real estate, and may file a claim for confirmation of non-existence of a lien with the court in order to avoid the Defendant’s lien in the process of public sale and other claims execution (see, e.g., Supreme Court Decision 2011Da84298, Dec. 22, 2011). However, the Defendant only occupies the real estate No. 1, 2, and 3 of each real estate listed in the separate sheet (H, I, and Jho) among each real estate listed in the separate sheet.