1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet;

2...

1. Basic facts

A. As between April 11, 1997 and July 6, 2007, the Plaintiff became a mortgagee on the entire real estate of this case by completing the registration of establishment of a neighboring mortgage on each part of the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) on four occasions.

B. On April 28, 2014, the Plaintiff filed an application for the auction of the instant real estate with the Chuncheon District Court Young-gu Branch C with respect to the instant real estate based on the foregoing right to collateral security, and on May 1, 2015, the Defendant reported the right to the effect that the instant real estate was a lien holder who has installed landscaping trees, etc. and mobile light housing on the instant real estate and occupied the instant real estate in the auction procedure.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Defendant did not hold a claim regarding the instant real estate, and is not in possession of the instant real estate, and thus cannot be deemed as a lien holder. (2) The Defendant concluded a lease agreement with B on each real estate as indicated in the attached Table 1, 2, 3, and 6 among the instant real estate, and newly built a light house on that ground, planted pine trees, etc., and created a site, thereby exercising a right to claim reimbursement of beneficial costs against B. As such, the Defendant exercised a lien as the secured claim.

B. In a lawsuit for passive confirmation, if the Plaintiff asserted that the cause of the right is denied by specifying the Plaintiff’s claim first, the Defendant, who claimed as the right holder, bears the burden of asserting and proving the facts regarding the requirements of the right relationship (see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). Therefore, in this case, the Defendant is liable to assert and prove the requirements for establishing the right of retention

The defendant shall claim reimbursement of beneficial costs to the real estate of this case.