A. On February 26, 2016, the Plaintiff acquired the right to collateral security on each of the instant buildings, and on February 26, 2016, lent KRW 1.9 billion to an agricultural company The Homesbcom Co., Ltd. (hereinafter “The Homesbcom”) (hereinafter “The Homesbcom”).

(A) In order to secure the instant loan obligations, The Homesnb completed, on the same day, the establishment registration (the cause of registration: the contract concluded on February 26, 2016, the maximum debt amount of 2.28 billion won, and the maximum debt amount of 2.2 billion won) of the respective buildings listed in the separate sheet owned by the Plaintiff (hereinafter “each building of this case”).

(A) Evidence 2. (b)

On January 15, 2018, the Plaintiff filed an application for voluntary auction of each of the instant buildings on January 15, 2018, and the Gwangju District Court, which received such application, rendered a voluntary decision to commence the auction of each of the instant buildings on January 16, 2016.

(A)(No. 3)(A). (c)

On April 3, 2018, the defendant reported to the Gwangju District Court that he had a lien on each of the buildings of this case, and the defendant reported the lien to the Gwangju District Court on April 3, 2018 with the claim for the construction cost of each of the buildings of this case.

(Evidence of Evidence A) . [Evidence A] . [Grounds for Recognition] , entry of Evidence A, 1, 2, 3, and 4, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion that the defendant does not have a claim for construction price as to each of the buildings of this case.

B. 1) In a lawsuit seeking passive confirmation, if the Plaintiff asserted that he/she had not incurred or extinguished an obligation to specify the claim first, the Defendant, the obligee, bears the burden of proving the facts required for legal relationship. As such, in the instant case, which is a lawsuit seeking confirmation of non-existence of a lien, the Defendant, who asserts that a lien exists, shall prove the fact that he/she has a claim having a relationship with each of the instant buildings, which is the requisite facts (see Supreme Court, Mar. 10, 2016).