1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

1. Basic facts

A. As to each real estate listed in the separate sheet owned by the OM industry (hereinafter “instant real estate”), on November 3, 2016, one bank received voluntary decision to commence auction from Suwon District Court B on November 3, 2016, and the entry was registered on the same day. On November 3, 2016, one capital company received voluntary decision to commence auction from Suwon District Court C on November 3, 2016, and the entry was registered on the following day. Since each of the above auction cases was conducted by double auction.

(hereinafter “instant auction procedure”). B.

In the instant auction procedure, on January 16, 2017, the Plaintiff reported that the Plaintiff acquired the right to collateral security from Han Bank Co., Ltd., and on January 31, 2017, the Defendant reported the right to collateral security for the claim for construction cost of KRW 104,400,000 as the secured claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 6, and 7 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. In a lawsuit seeking confirmation of non-existence of the right of retention, if the plaintiff asserted to deny the existence of the cause of the right of retention, which is the requirement of the right of retention, by specifying the claim first, the defendant bears the burden of proving the existence of the right of retention and the possession of the object.

(see Supreme Court Decision 2013Da99409, Mar. 10, 2016). Moreover, a person who acquired a lien only after the registration of the decision on commencing auction with respect to a certain real estate became a registration of the decision on commencing auction cannot claim his/her lien in the auction procedure.

(See Supreme Court Decision 2010Da84932 Decided April 10, 2014). In light of the aforementioned legal doctrine, the following circumstances revealed by comprehensively taking account of the overall purport of the pleadings, namely, the Defendant’s exercise of a lien only after the completion of the registration of the commencement of auction on the instant real estate.