1. The defendant's right of retention on the attached real estate in the case of the auction of the real estate B in the Jeonju District Court.

1. Facts of recognition;

A. The Plaintiff acquired the right to collateral security on the attached real estate from the Dong-gun Agricultural Cooperative.

B. On June 8, 2015, the Defendant asserted that the auction obligor limited liability company C, D, E, and F had a claim for construction price, etc., and reported the lien.

【Reasons for Recognition】 Description of Evidence A Nos. 1 and 4

2. In a lawsuit seeking the passive confirmation of the burden of proof of existence of a lien, where the plaintiff first asserted the fact that the cause of the right occurred, the defendant, the right holder, is liable to assert and prove the fact that the right holder is the requirement of legal relationship. Thus, in this case, the defendant, who claimed the lien holder, must prove and prove the existence of the secured claim and the elements for establishing the right of retention, such

3. In this case, the defendant could not assert the existence of the secured debt and the requirements for the establishment of the right of retention, such as possession, because the defendant's whereabouts are unknown.

Furthermore, even based on the evidence (in particular, evidence Nos. 3 through 5) submitted by the Plaintiff, the Defendant has a claim for the construction price against the auction obligor.

It is insufficient to recognize the fact that the real estate is currently possessed, and there is no evidence to recognize otherwise.

Therefore, as long as there is no right of retention for the defendant's attached real estate, and the defendant filed a report on the right of retention for the attached real estate, the plaintiff has a legal interest to seek confirmation of non-existence of the right of retention.

4. The plaintiff's claim for conclusion is reasonable.