1. Ascertainment that the defendant's lien does not exist with respect to each real estate listed in the separate sheet.

2...

Basic Facts

In order to obtain a claim for a loan against B, the Plaintiff obtained, on October 16, 2006, the registration of establishment of a mortgage over the real estate stated in attached Table Nos. 1, 233,00,000 won with respect to the real estate stated in attached Table Nos. 2, on May 14, 2012, as to the maximum debt amount, KRW 23,00,000,000,000 with respect to the maximum debt amount as to the real estate stated in attached Table Nos. 3 through 6, of the attached Table No. 3, on August 19, 2014, KRW 1.625,50,000 with respect to the maximum debt amount (registration of the change of the maximum debt amount as of January 21, 2015) of the debtor B.

B as the Plaintiff delayed the payment of the above loans, the Plaintiff filed an application for a voluntary auction on each real estate listed in the separate sheet, and on September 8, 2015, the branch court of Suwon District Court rendered a decision to commence voluntary auction (hereinafter “instant decision to commence the auction”) on September 3, 2015, and registered the entry of the decision to commence the auction on the same day.

In the auction procedure of this case, the Defendant filed a report on the lien (hereinafter referred to as “instant lien”) by asserting that he did not receive the following claims:

1. Aggregate of the construction cost for land civil works and construction works: 408,233,230 won;

2. The Plaintiff’s assertion of the purport of the entire argument by the parties concerned is without any dispute over the Plaintiff’s interest paid in substitute payments and rent of KRW 214,848,00 [based on recognition], Gap’s 1-3, 6 (including a serial number; hereinafter the same shall apply], and the Plaintiff’s assertion of the purport of the entire argument.

The Defendant’s assertion that the construction of a new building was contracted from B, and completed the civil engineering and road packing construction, including construction of a new building and construction of a new building, but did not receive the total construction cost of KRW 574,496,735, and thus, the instant lien may be exercised with the claim for the construction cost as the secured claim.

Judgment

In a passive confirmation lawsuit such as a lawsuit seeking confirmation of non-existence of a lien, the plaintiff first specified the claim.