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

2...

1. Basic facts

A. On May 10, 2018, the Plaintiff obtained the ownership of the said real estate by paying the remainder on June 4, 2018, from the Busan District Court’s Dong Branch C real estate auction case with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On September 19, 2017, the Defendant asserted the claim for construction cost of KRW 54,000,000 as the secured claim in the above auction procedure regarding the instant real estate and filed a report on the right of retention.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence Nos. 5 and 5, the purport of the whole pleadings

2. The plaintiff asserts that the real estate of this case is owned and managed by himself, and the defendant does not occupy the real estate of this case, and therefore the defendant's right of retention is nonexistent.

On the other hand, the defendant asserts that he hangs the banner "in the exercise of right of retention" on the outer wall of his possession of the real estate of this case, and that he is exercising the right of retention when he occupies the real estate of this case, such as installing CCTV, by blocking the surrounding area of the real estate of this case with construction materials and containers.

3. Determination

A. (1) In a lawsuit seeking passive confirmation, if the Plaintiff asserts that the cause of the right is denied by specifying the Plaintiff’s claim first, the Defendant, the right holder, bears the burden of proving the fact of the requirement of legal relationship. As such, the Defendant, who claimed that the lien holder exists in a lawsuit seeking confirmation of existence of a lien, must prove and prove the existence of the secured claim, which is the requirement of the lien

(2) On the other hand, the term “the possession of an article that meets the requirements for the establishment of a lien” refers to an objective relationship that appears to belong to a person’s factual control under the generally accepted social norms, and is necessarily subject to physical and practical control over an article.