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

2...

1. Basic facts

A. On July 18, 2016, the Plaintiff was established with respect to the real estate listed in the separate sheet owned by D Co., Ltd. (hereinafter “instant real estate”), the maximum debt amount of which is KRW 500,000,000, and the right to collateral security with regard to the obligor D Co., Ltd.

B. The Plaintiff applied for a voluntary auction on the instant real estate in the instant court, and received a decision to commence auction on January 17, 2017, and the registration of the entry in the decision to commence auction was completed on the same day.

(E) of this Court.

On March 12, 2018, Defendant B reported the lien of KRW 30,000,000 as secured claim, and Defendant C reported the lien of KRW 15,000,000 as secured claim, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The summary of the Plaintiff’s assertion was that the Defendants did not possess the instant real estate at the time of the commencement of auction, and thus, did not have a legitimate lien holder.

B. The Defendants’ assertion is the legitimate lien holder who occupies the instant real estate through the FF managing the building to which the instant real estate belongs.

3. Determination

A. In a case where a lien has been acquired after the registration of the entry of the decision on commencing auction on real estate owned by an obligor was completed and the seizure became effective, such right cannot be set up against the purchaser in the auction procedure on such real estate (see, e.g., Supreme Court Decision 2011Da55214, Oct. 13, 201). 2) In a passive litigation seeking confirmation, if the Plaintiff alleged that the cause of debt occurred by specifying the claim first, the Defendant, the obligee, is liable to assert and prove the facts constituting the elements of the legal relationship. As such, the Defendant, who is the obligee, bears the burden of asserting and proving the facts constituting the elements of the right. As such, in a lawsuit seeking

(see, e.g., Supreme Court Decision 2013Da99409, Mar. 10, 2016). B.

Judgment on the possession of the Defendants A.