1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On August 22, 2011, the Plaintiff asserted that C filed an application for voluntary auction with the Incheon District Court D regarding each of the instant real estate on the basis of the foregoing right to collateral security (hereinafter “each of the instant real estate”). The Plaintiff reported a lien of KRW 1.2 billion as the claim for the construction cost of the instant building, alleging that C had constructed the bathing and bathing facilities of the instant building, and Defendant B reported a lien of KRW 77,140,000 as the claim for the construction cost of the instant building, and Defendant B reported a lien of KRW 77,140,000 as the claim for the construction cost of the instant building, because C did not perform the construction as alleged in the claim. The Defendants asserted that the absence of each of the above lien is confirmed, on the grounds that C did not perform the construction as to the instant building.

2. On the lawfulness of the instant lawsuit ex officio, we examine whether the instant lawsuit is lawful.

In a lawsuit for confirmation, there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, it is recognized as the most effective and appropriate means to determine the Plaintiff’s legal status as the confirmation judgment to eliminate the anxiety risk (see, e.g., Supreme Court Decision 2009Da93299, Feb. 25, 2010). In full view of the purport of the entire pleadings as to each of the items of evidence Nos. 6, 7, and 8-1 and 2, the Incheon District Court’s voluntary auction procedure commenced January 18, 2013, and the Defendant A reported the right to payment equivalent to KRW 1.2 billion as the secured claim for the construction cost of the building of the building of this case, and the Defendant B reported the right to retention of construction cost equivalent to KRW 7,7140,000,000 as the secured claim for the construction cost of the building of this case, respectively.