1. It is confirmed that the defendant's lien does not exist with respect to the real estate listed in the attached list.

2...

1. Facts of recognition;

A. The Plaintiff is a creditor against A, the owner of the real estate listed in the attached list (hereinafter “instant real estate”) and a mortgagee of the instant real estate.

B. On June 24, 2015, the auction of the instant real estate was commenced at the request of the Plaintiff.

C. On April 21, 2016, the Defendant filed a lien report on the instant real estate, asserting that, at the expense of the Defendant, the management body of the third and fourth floors of commercial buildings where the instant real estate is located, and the Defendant, the instant real estate, construction of partitions and indoor playgrounds was paid for the construction cost later, but the Defendant did not receive construction cost of KRW 29,470,00,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. In a passive confirmation lawsuit, if the Plaintiff alleged that the cause of the obligation occurred by specifying the Plaintiff’s claim first, the Defendant, the obligee, bears the responsibility to assert and prove the facts constituting the elements of legal relationship. As such, in a lawsuit seeking confirmation of non-existence of a lien, the Defendant ought to assert and prove the subject matter of the lien, which is the elements of the lien, and the existence

(See Supreme Court Decision 2013Da99409 Decided March 10, 2016). As to the instant real estate, the Defendant asserted that there exists a lien on each of the instant real estate by asserting that the Defendant occupied the instant real estate by failing to receive KRW 29,470,00 for the partitions and the cost of indoor play for construction of the instant real estate from A, but in light of the developments and details of the construction of indoor play in a part of the commercial building, including the instant real estate, and the relationship between EF and the Defendant, a controlled entity of the said commercial building, only the said evidence submitted by the Defendant.