1. It is confirmed that the Defendants’ lien on real estate listed in the separate sheet does not exist.

2...

Facts of recognition

On March 4, 2015, the Plaintiff entered into a mortgage contract with C on the real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the establishment registration of a neighboring mortgage with the maximum debt amount of KRW 214.5 million on the same day.

On May 10, 2016, D, a creditor of C, filed an application for a compulsory auction on the instant real estate, and the decision to commence compulsory auction was rendered to Suwon District Court E on May 10, 2016, and thereafter, on June 27, 2016 upon the Plaintiff’s application for voluntary auction, there was a decision to commence voluntary auction on the instant real estate to F of the same court

On September 6, 2016, the Defendants reported the lien on the instant real estate at the auction procedure.

[Ground for recognition] The confession (the defendant A was served with a duplicate of the complaint within 30 days and did not appear on the date for pleading, and the defendant B was served with a duplicate of the complaint and did not appear on the date for pleading after submitting a preparatory document simply denying the plaintiff's claim as of March 8, 2017. Thus, in a passive confirmation lawsuit on the market, the defendant, who is the creditor, bears the burden of proving and proving the facts constituting the cause of the debt by specifying the plaintiff's claim first, if the plaintiff asserts that the facts constituting the cause of the debt occurred due to the plaintiff's claim, then the defendant, who is the creditor, bears the burden of proving and proving the facts constituting the element of the legal relationship. Thus, in a lawsuit for confirmation without a lien, the defendant must assert and prove the existence of the subject matter of the lien and the claim related to the relation, which is the requisite facts

(see Supreme Court Decision 2013Da99409, Mar. 10, 2016). Therefore, the Defendants shall assert and prove the existence of a lien. Accordingly, the Defendants’ assertion and proof as to this issue do not exist, and as long as the Defendants filed a lien report in the auction procedure by asserting that they had a lien on the instant real estate, the Plaintiff is obliged to seek the non-existence of the said lien by lawsuit.