The defendant's claim for the construction cost of KRW 221,20,000 against the non-party medical corporation D with respect to the 320 square meters of Gyeonggi-gun C.

1. Basic facts

A. The Plaintiff received an order for payment of wages equivalent to KRW 23,471,400 against the Nonparty medical corporation D (hereinafter “foreign medical corporation”) in relation to the amount of women’s capital branch court 2019Da363 in Suwon-gun Branch Court 2019Da363, the Plaintiff issued to the Plaintiff.

B. On January 15, 2020 under the above payment order, the plaintiff is "the land of this case," which is not more than 320 square meters, which is owned by the non-party corporation Woo-gun of Gyeonggi-gun, which is the leisure village support E with the Suwon District Court on January 15.

The ruling of compulsory commencement of auction in this case was 'the ruling of compulsory commencement of auction'.

On January 16, 2020, the registration of the entry of the decision to commence the auction of this case on the land of this case was completed, and " below the auction procedure of this case" is "the auction procedure of this case."

(C) On February 21, 2020, at the instant auction procedure, the Defendant submitted a lien report on the claim for construction price of KRW 221,200,000 against the non-party corporation regarding the instant land as the secured claim. [Recognizing evidence: Each entry in the evidence No. 1, 3, and 7 (including the serial number; hereinafter the same shall apply) and the entire purport of the pleadings.

2. Judgment on the parties' arguments

A. The Plaintiff’s assertion 1) The summary of the Plaintiff’s assertion is that the Defendant did not occupy the instant land, and there is no secured claim related to the said land, so there is no right of retention of the Defendant as to the said land. The Defendant’s assertion 21,200,000 won against Nonparty Corporation as the secured claim, and the Defendant’s summary of the Defendant’s assertion is holding the right of retention as to the said land from September 13, 2018 to September 13, 2018.

B. In the case of the 1 passive confirmation lawsuit, if the Plaintiff asserted to deny the fact that the cause of the debt occurred by specifying the claim first, the Defendant, the obligee, bears the burden of assertion and certification as to the requirement of the right relationship, and there is no lien.