1. The defendant's claim for construction cost of KRW 500,000,000 for the land listed in the attached list as the secured claim.

1. Facts of recognition;

A. Since October 16, 2007, A is a person who has owned all the land listed in the separate sheet since its ownership.

On October 8, 2015, an asset management company filed an application for the auction of the real estate as creditors of the right to collateral security established on the land listed in the separate sheet, and the said court decided to commence the auction of the real estate for the said land (hereinafter “instant auction procedure”) on October 8, 2015, and entered the said decision to commence the auction of the real estate in the register of the said land on the same day.

B. On October 28, 2016, the Defendant reported the lien at the instant auction procedure, whereby the claim for construction cost of KRW 500 million against A is the secured claim, with respect to the land indicated in the attached list.

C. On January 17, 2017, the Plaintiff purchased the land indicated in the separate sheet at the instant auction procedure and acquired the ownership thereof.

[Based on recognition] Each entry and video of Gap evidence Nos. 1 through 9 (including paper numbers) and the purport of the whole pleading

2. Determination as to the cause of action

A. In a passive confirmation lawsuit, if the plaintiff alleged to deny the fact that the cause of the debt occurred by specifying the plaintiff's claim first, the defendant, the creditor, bears the burden of proving the fact that the legal relationship exists. As such, in a lawsuit seeking confirmation of non-existence of the right of retention, the defendant must prove the possession of the object and the existence of the object and the related claim.

(see, e.g., Supreme Court Decision 2013Da99409, Mar. 10, 2016). In addition, the right of retention is established only when a claim arising with respect to the subject matter is due and payable.

(Article 320 of the Civil Act). (b)

According to the evidence No. 3 as to the instant case, the Defendant reported a lien at the instant auction procedure, and the Defendant newly constructed a new housing construction contract (from November 14, 2014 to April 7, 2015, the construction cost of KRW 500 million, the construction period of November 27, 2014) and April 1, 2016.