1. It is confirmed that there is no defendant's lien with respect to the 1,746 square meters in Suwon-si Suwon-si A.

2...

1. Basic facts

A. The Industrial Bank of Korea completed the registration of the establishment of a mortgage (hereinafter “instant land”) consisting of the obligor C and C, the maximum debt amount of 1.20 billion won as of November 20, 2007, No. 241018, which was received on November 20, 2007, with respect to the Suwon-si Suwon District Court A, which was owned by B (hereinafter “the instant land”). The registration of the establishment of a mortgage consisting of the obligor D and the maximum debt amount of 1.20 million won as of November 20, 2007, which was received on November 20, 2007 by the same registry office, No. 76569, May 29, 2008.

B. On June 12, 2012, the Industrial Bank of Korea filed an application for voluntary auction on the instant land with the Suwon District Court E, F, and G based on each of the aforementioned collateral security rights, and the current auction procedure (hereinafter “instant auction procedure”) is in progress.

C. The Plaintiff acquired the above bonds and collateral security from the Industrial Bank of Korea to C, etc., and completed the creditor’s report on November 8, 2012 at the instant auction procedure.

In the instant auction procedure, on December 16, 2013, the Defendant reported a lien on the instant land by setting the claim for construction cost equivalent to KRW 1.3 billion with respect to the instant land and its ground building as the secured claim.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, the purport of the whole pleadings

2. Determination

A. In a lawsuit for passive confirmation of relevant legal principles, if the Plaintiff asserted that the cause of the right is denied by specifying the Plaintiff’s claim first, the Defendant bears the responsibility to assert and prove the requisite facts of the right relationship.

(See Supreme Court Decision 97Da45259 delivered on March 13, 1998). B.

The summary of the Defendant’s assertion, B, the owner of the instant land, entered into a contract with C and C to construct a tenement house on the instant land (hereinafter “instant building”).

C pursuant to the above contract, while performing civil engineering works on the instant land and new construction works on the instant building pursuant to the said contract, the said construction was suspended after completion of the first floor of the instant building.

C. .