A. The Plaintiff was set up a right to collateral security of KRW 1,105,000,00 with respect to the real estate listed in the separate sheet No. 1 and machinery and appliances listed in the separate sheet No. 2 list by A, and the Plaintiff applied for voluntary auction with respect to the said real estate and machinery and appliances, and the auction procedure

B. On April 15, 2015, the Defendant: (a) did not receive KRW 30,600,000 from A to receive construction cost of KRW 47,60,000 from the above auction court; (b) did not possess part of the buildings listed in attached Table 1 List 1 List 2, and was exercising the lien; and (c) reported the right as the lien holder.

C. However, the defendant does not possess the power plant among the real estate listed in the current annexed Table 1 list and the machinery and appliances listed in the annexed Table 2 list.

Therefore, even if the Defendant was unable to claim the right of retention as above, it may cause damage to the Plaintiff, a mortgagee, by reporting the right of retention. Therefore, the Plaintiff seeks confirmation of the absence of such right.

2. Article 208 (3) 2 of the Civil Procedure Act that makes a judgment of deemed confession.