1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

1. Basic facts

A. The Plaintiff and C are creditors of Co., Ltd. D (hereinafter “D”) who are the mortgagee of each real estate listed in the separate sheet owned by D (hereinafter “each of the instant real estate”).

B. C applied for a voluntary auction on each of the instant real estate in the instant court, and received a ruling to commence auction on June 18, 2018, and the registration of the entry of the ruling to commence auction was completed on the same day.

(E) The Plaintiff applied for a voluntary auction on the same real estate in this court and received a ruling to commence the auction on December 3, 2018.

(F) of this Court;

On August 10, 2018, the Defendant asserted that D had a claim for the construction cost of the site preparation against D in this Court E Auction case (hereinafter “instant auction”), and filed a lien report.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5 (each number omitted; hereinafter the same shall apply), the purport of whole pleadings

2. Summary of the parties' arguments;

A. The gist of the Plaintiff’s assertion was that the Defendant did not possess each of the instant real estate at the time when the entry of the decision on commencing auction was completed, and that the Defendant did not hold a claim for construction price as to D.

Therefore, the defendant is not a legitimate lien holder.

B. The summary of the Defendant’s assertion is that since the completion of the registration of the entry in the decision on commencing auction, the Defendant has installed containers, portable toilets, and flass cards on each of the instant real estate and possessed them, and held D’s claim for the construction cost of site creation.

Therefore, the defendant is a legitimate lien holder.

3. Determination

A. 1) In a case where a lien is acquired after the entry of a decision on commencing auction on real estate owned by an obligor came into force due to the completion of the registration of the entry of the decision on commencing auction, the said lien cannot be set up against the buyer in the auction procedure regarding the relevant real estate (see, e.g., Supreme Court Decision 2011Da55214, Oct. 13, 201). 2) In a passive litigation seeking confirmation, the Plaintiff’s claim is first specified and causes