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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. The Plaintiff filed the instant lawsuit against the Defendant on the ground that there was no Defendant’s lien on each real estate listed in the separate sheet Nos. 1 through 3.
The first instance court dismissed the part concerning each real estate listed in the attached Tables 1 and 2 List No. 1 among the lawsuit in this case on the ground that there is no interest in confirmation, and sentenced the judgment citing the plaintiff's claim as to each real estate listed in the remaining attached Tables 2 through 6 and 3 List No. 3.
As to the part against which only the defendant lost, this Court made an appeal, except the above dismissed part, to determine only the part on the plaintiff's claim for confirmation of non-existence of lien.
2. The reasons why the court stated this part of the basic facts are "2.A of the judgment of the first instance."
Since basic facts are the same as the statement of reasons for the part of "basic facts", they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Judgment on the plaintiff's claim
A. The main point of the argument is to confirm that there is no lien on the instant officetel against the Defendant, since the Defendant continues to possess the instant officetel even though the Defendant did not hold a claim for construction cost regarding the construction of the instant officetel, and thus, the Defendant did not have a right of retention.
B. In a lawsuit for passive confirmation of relevant legal principles, where the Plaintiff asserted that the cause of the right is denied by specifying the Plaintiff’s claim first, the Defendant, the right holder, bears the burden of proving the facts regarding the requirements of legal relationship (see Supreme Court Decision 97Da45259, Mar. 13, 1998). As such, even in a lawsuit for confirmation of non-existence of a right of retention, the Defendant must prove the existence of the secured claim, which is the element of the right of retention, and the fact of possession thereof.