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

2...

1. Facts of recognition;

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) is owned by C (hereinafter “Co., Ltd.”) and owned by C (hereinafter “Co., Ltd.”).

D Bank, which is the right to collateral security of the above real estate, applied for a voluntary auction to Cheongju District Court Assistance E, and the decision of commencement was made on June 12, 2018, and the entry registration was completed on the same day.

(hereinafter “instant auction procedure”). B.

On October 15, 2018, when the auction procedure of this case was in progress, the Plaintiff acquired a creditor’s right to collateral security against D Bank C to the above auction court, and submitted the creditor’s report. This was delivered to C on October 18, 2018 as a written notification of the creditor’s succession.

C. On the other hand, on August 21, 2018, the Defendant filed a report on the right of retention with respect to C with respect to an obligor at the above auction court, on November 1, 2015, on the ground that there exists a claim equivalent to KRW 667,310,000 for the construction cost under an additional construction contract as of November 1, 2015, and that the Defendant occupied the instant real estate from February 1,

(hereinafter referred to as “instant lien”) . [Grounds for recognition] . [In the absence of dispute, each entry in Gap 1, 2, 5, and 6 (including serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Summary of the parties' arguments;

A. The Plaintiff’s instant lien is doubtful as to whether the secured claim exists, and the Defendant cannot be deemed to possess the instant real estate. As such, the Plaintiff seeks confirmation of the absence of the instant lien against the Defendant as a mortgagee of the instant auction procedure.

B. The Defendant concluded an additional construction agreement with C on November 1, 2015 with regard to the instant real estate and performed the construction work, but did not receive 667,310,000 won for the additional construction work.

On the other hand, F entered into a lease agreement with C around January 2018, and the instant real estate is directly occupied by the Defendant through F, so the instant lien exists.