On November 11, 2015, the Asset Management Company filed an application for voluntary auction with the Suwon District Court for each real estate listed in the separate sheet No. 2 attached hereto (hereinafter collectively referred to as “instant real estate”) with the Sungnam Branch C, and received a decision to commence auction on November 12, 2015.

(hereinafter “instant auction procedure”). The Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Appointed Party E are the mortgagee of the instant real estate.

On February 1, 2016, the Defendant reported a lien of KRW 300,000,000,000 for the instant real estate as the secured claim at the auction procedure of this case.

(2) The court below held that the secured debt was transferred to a third party on the ground that the secured debt was transferred to a third party on the ground that the secured debt was transferred to a third party on the ground that the secured debt was transferred to a third party. The court below held that the secured debt was transferred to a third party on the ground that the secured debt was not determined by the court below's judgment as to Gap's evidence Nos. 1 through 4 and the defense prior to the purport of the whole argument.

Therefore, this part of the defendant's argument is without merit.

Article 320(1) of the Civil Act of the judgment on the merits provides that "a person who possesses another person's property or securities has the right to retain such property or securities until the time when the claim created in respect of such property or securities becomes due and due, shall have the right to obtain reimbursement." Thus, the secured claim in the lien shall be "a claim arising in respect of such property".

(see, e.g., Supreme Court Decision 2011Da96208, Jan. 26, 2012). Furthermore, in a passive lawsuit seeking confirmation, if the Plaintiff claims denying the fact that the cause of debt arises by specifying the Plaintiff’s claim first, the Defendant, the obligee, bears the burden of asserting and proving the facts that constitute the elements of legal relationship. As such, the right of retention is granted in a lawsuit