1. Each real estate recorded in the separate sheet concerning the case of the auction of the D's real estate in Changwon District Court through the Changwon District Court.

Basic Facts

On July 23, 2018, the Plaintiff (hereinafter “instant real estate”) filed an application for voluntary auction with D on July 23, 2018 as a mortgagee for each of the real estate listed in the separate sheet (hereinafter “instant real estate”). On August 8, 2018, the decision to commence voluntary auction and the entry therein was registered.

In the above auction procedure on October 31, 2018, Defendant B reported each right of retention on the instant real estate with each secured claim of KRW 80,800,000, and Defendant C reported each right of retention on the instant real estate with each secured claim of KRW 86,60,000,000 as the amount of civil construction cost claim.

[Ground of recognition] without any dispute, Gap evidence Nos. 1, 2, and 3 (if there are virtual numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings, the plaintiff's claim of the parties to the lawsuit as to the real estate of this case by the plaintiff as to the purport of the whole pleadings does not exist any claim for the civil construction cost of the real estate of this case, and since the defendants did not occupy the real estate of this case prior to

The Defendants asserted that the instant real estate was the site construction work using bridges, civil engineering works, or heavy equipment with respect to the instant real estate, and did not receive the construction cost.

Accordingly, at the construction site, containers, materials, etc. were stored on the only access road, and a banner was installed to inform the lien exercise on the storage yard, etc.

Accordingly, the construction site of this case continued to be occupied.

Judgment

The relevant legal principles refer to the right to possess another person's goods until the claim arising in relation to another person's goods is repaid, and in a passive confirmation lawsuit such as this case, if the plaintiff asserted that the cause of the right is denied by specifying the claim first, the defendant claiming that he/she is the right holder bears the burden of assertion and proof as to the requirement of his

(see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). The registration of the entry of the decision on commencing auction on real estate owned by the debtor was completed, and seizure was completed.