1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On March 30, 2017, the Defendant asserted that C had a lien of KRW 330,000 as secured claim (hereinafter “instant lien”) against D as to the buildings listed in attached Table No. 6 of the List No. 30,000,000 as to the secured claim, and the Suwon District Court filed a lawsuit seeking confirmation of lien 2017Gahap851 (hereinafter “instant lien lawsuit”).

The Plaintiff received money from the Defendant and prepared relevant documents, such as a complaint of this case’s lien.

In the instant lawsuit, on July 12, 2017, the conciliation was concluded that “the Defendant confirmed that the Defendant has a lien of KRW 320 million,00,000,000 as the secured claim, on the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”).”

[Ground of recognition] without dispute, Gap evidence Nos. 1 (including a paper number), the assertion of the purport of the entire pleadings, and the plaintiff's assertion that the defendant asserted that the plaintiff did not possess the real estate of this case for the purpose of exercising the right of retention before the decision date of commencement of public auction procedure ( July 22, 2013) with respect to the real estate of this case. However, in the lawsuit of this case, the court has been urged by falsely preparing documents, etc. as if he had been exercising the right of retention prior to that time in the lawsuit of this case, and by deceiving the court, and in collusion with C, "

Therefore, I would like to confirm that there is no lien in the instant case, and seek confirmation that there is no lien established as a conciliation in the instant lien lawsuit.

Judgment

A lawsuit for confirmation is not necessarily limited to the legal relationship between the plaintiff and the defendant, and the legal relationship between one of the plaintiff and the defendant and a third party or between third parties can be subject to it. However, according to such legal relationship, the confirmation of such legal relationship is intended to confirm the legal relationship in order to remove it by causing the existing danger and loss of the plaintiff's rights or legal status.