1. It is confirmed that the defendant's lien does not exist with respect to the real estate listed in the attached list.

2...

Basic Facts

On June 28, 2005, the Korea Land Trust Co., Ltd. (hereinafter all corporations are indicated only in its trade name) shall complete the registration of ownership transfer for the real estate indicated in the attached list, which is the above ground building (hereinafter “instant building”) from C, etc. on June 28, 2005.

The plaintiff purchased the above land and buildings from the Korea Land Trust through the public sale procedure and completed the registration of ownership transfer on December 11, 2013.

The defendant asserted the right of retention in the public sale procedure under the preceding paragraph, and the defendant submitted the right of retention report as to the building of this case.

【In the absence of dispute, the Plaintiff’s assertion of the purport of the Plaintiff’s assertion as to the entire statements and arguments in Gap’s evidence Nos. 1 and 4, and the purport of the entire pleadings, is: (a) in light of the content and evidence of the contract indicated in the record, the Defendant did not have any claim for the construction cost claimed; (b) even if such claim exists, the short-term extinctive prescription of three

As to the Defendant’s counterclaim, the Defendant concluded a contract for construction with D on August 201, when a fire occurred in the instant building and concluded a remodeling contract, and thereafter completed the construction work, and has the claim for the construction cost. ② In the instant lawsuit, the statute of limitations was interrupted by asserting and responding to the existence of the claim for construction cost, and the Plaintiff’s assertion is disputing.

After all, the issue of the instant case is ① whether the Defendant’s claim for construction price exists as to the instant building, ② whether the statute of limitations expires, and thus, it is examined in order.

Judgment

In a passive confirmation lawsuit as to the existence of a claim for construction cost, if the plaintiff claims to deny the fact that the cause of the claim occurred by specifying the claim, the defendant as the creditor shall be related to the requirement of the right relationship.