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

2...

1. Facts of recognition;

A. The Plaintiff is entitled to receive the amount of KRW 55,549,542 according to the final and conclusive judgment of the case for reimbursement claim against B, Busan District Court Decision 201Da86082, and the amount calculated by applying 19% per annum from January 29, 2010 to February 20, 2014, and 20% per annum from the next day to the date of full payment.

B. The Plaintiff applied for a compulsory auction on August 25, 2015 with respect to the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) based on the original copy of the said judgment. On the same day, the decision to commence compulsory auction was rendered on August 28, 2015, and the entry of the decision to commence compulsory auction was registered in the registry of the instant real estate on the same day.

C. On December 9, 2015, the Defendant reported the lien in the above auction procedure on the ground that the Defendant failed to receive construction cost of KRW 64,000,000 from B.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff of the parties asserts that the defendant does not have a claim for construction price related to the real estate of this case, and that there is no right of retention of the real estate of this case.

On the other hand, the Defendant asserted that the instant real estate has a lien on the instant real estate, since the Defendant entered into a security service contract with respect to the instant real estate, and occupied and managed the instant real estate by attaching a paper informing that the instant real estate is part of the exercise of lien at the entrance of the third floor.

(b) In a lawsuit to confirm the existence of the right of retention, the person who claims the right of retention must assert and prove the facts of the requirements for its establishment and existence.

(see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). Therefore, the existence of the secured claim, which is the requisite fact for the creation of a lien, is the defendant who asserts that he is the lien holder of the instant real estate.