1. Revocation of a judgment of the first instance;

2. All the lawsuits of the plaintiff and the plaintiff succeeding intervenor are dismissed.

3. The total cost of the lawsuit.

1. Basic facts

A. On April 14, 2017, C, an owner of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) created a collateral on April 14, 2017 with respect to each of the instant real estate, with a maximum debt amount of KRW 884,00,000,000 as to each of the instant real estate.

B. On January 17, 2019, the Plaintiff filed a voluntary auction for each of the instant real estate with the Jeonju District Court D (hereinafter “instant auction”) and commenced the voluntary auction on January 18, 2019. On September 10, 2019, the Intervenor succeeding to the Plaintiff (hereinafter “ Intervenor”) acquired the right to collateral security and the right to collateral security from the Plaintiff and completed the supplementary registration of the right to collateral security before December 4, 2019.

C. On March 29, 2019, the Defendant asserted that C has a claim for construction cost of KRW 1,120,000,000 against C, and reported the right of retention to the above auction court. D.

In the above auction procedure, J purchased each of the instant real estate and completed the registration of ownership transfer on May 6, 2020, and on the same day, all of the Plaintiff’s establishment registration of neighboring mortgage and the supplementary registration of the Intervenor was cancelled.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. Determination on this safety defense

A. The defendant asserts that since the auction of this case was completed, the lawsuit of confirmation of existence of the lien of this case is unlawful as there is no benefit of confirmation.

B. Determination 1) A lawsuit seeking confirmation is recognized in cases where it is the most effective means to obtain a judgment in order to eliminate the Plaintiff’s legal status unstable danger (see, e.g., Supreme Court Decision 2005Da41153, Jul. 10, 2008; 2005Da41153, Jul. 10, 2008; and 3) deeming that there is a legal interest to seek confirmation of the absence of each right of retention as to the collateral is based on a bid at a lower price upon the claim of the right of retention in the auction procedure,