1. Revocation of a judgment of the first instance;

2. As to each real estate listed in the separate sheet Nos. 1 and 2, the defendant 902,616,600 won.

1. Basic facts

A. The Plaintiff UAW specialized in the securitization is the mortgagee of each real estate listed in the separate sheet No. 1, and the Plaintiff USA system is the mortgagee of each real estate listed in the separate sheet No. 2.

B. Each discretionary auction procedure was initiated to the same court C with respect to each real estate listed in the separate sheet No. 1 list with respect to each real estate set out in the Ji Government District Court Goyang support B and the separate sheet No. 2 list.

C. At each of the above auction procedures, the Defendant reported that there was a lien on each of the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter collectively referred to as “instant land”) with respect to the debtor corporation D (hereinafter referred to as “D”) and E as the secured claim for the tree price of KRW 902,616,000 and the cost of transplant construction as the secured claim.

The land in this case is owned by E, and E is the representative director of D and the spouse of the defendant.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 10 to 19 (including branch numbers, if any) and the purport of the whole pleadings

2. The secured claim asserted by the plaintiffs is nonexistent, and there is no relation with the land of this case, and the defendant does not occupy the land of this case, and there is no right of retention of the defendant with respect to the land of this case.

3. Determination

A. In a lawsuit seeking passive confirmation where the burden of proof lies, if the plaintiff first specified the claim in order to deny the fact of the cause of the right, the defendant, who is the right holder, bears the burden of proving the fact of the requirement of the right relationship (see Supreme Court Decision 97Da45259, Mar. 13, 1998). Therefore, in this case, the defendant, who claimed as the lien holder, must prove the occurrence of secured claim, the relation between the land and the secured claim, and the fact of possession of the land in this case.

B. Prior to the determination of the secured claim, the basic facts set forth in Section A, Section 4 to Section 4.