A. On August 31, 2017, the Changwon District Court C requested an auction of real estate on the real estate listed in the separate sheet (hereinafter “instant real estate”) on August 31, 2017, and received a decision to commence auction with the Changwon District Court C.

(hereinafter referred to as “instant auction procedure”) on December 1, 2017, the Plaintiff acquired on December 1, 201, all of the claims against the mortgagee D with respect to the instant real estate.

B. On the other hand, on December 11, 2017, the Defendant reported the lien to the Changwon District Court by asserting the existence of the lien of KRW 432,200,000 for the construction cost of the instant real estate.

【Fact-finding without a dispute over the grounds for recognition】 The entry of Gap evidence 1-1 through 7, and 2-6, and the purport of the whole pleadings

2. The defendant's assertion that the defendant performed civil engineering works on the real estate of this case by receiving civil engineering works from E, who is the owner of the real estate of this case, and was not paid the construction cost of KRW 258,00,000.

Therefore, the defendant has the right to retain the real estate of this case with the claim for the above construction cost as the secured claim.

3. Determination as to the existence of a lien

A. In a passive confirmation lawsuit where the burden of proof is located, if the plaintiff asserts to deny the fact that the cause of the obligation occurred by specifying the claim first, the defendant, the creditor, bears the burden of proving the fact that the legal relationship exists. Therefore, in a lawsuit for confirmation of the absence of a right of retention, the defendant must prove the fact that the right

(See Supreme Court Decision 2013Da99409 Decided March 10, 2016, supra). B.

Article 320 of the Civil Act provides, “A person who possesses an article or securities of another person shall have the right to retain such article or securities until repayment is made, where a claim arising in respect of such article or securities is due.”

Therefore, in order to recognize the right of retention of the defendant's assertion.