1. The defendant's right of retention is the secured claim regarding each real estate listed in the separate sheet.

1. Basic facts

A. The Plaintiff carried out a loan to B Co., Ltd. (hereinafter “debtor Company”), and set up a collateral security on each of the lands listed in the separate sheet owned by the debtor company (hereinafter “each of the instant lands”).

B. The Plaintiff filed an application for the commencement of voluntary auction on each of the instant land as the debtor company did not pay a loan, and the branch court of the Changwon District Court rendered a decision on the commencement of voluntary auction (C) on December 15, 2015, and the auction procedure (hereinafter “instant auction procedure”) is underway.

C. On January 12, 2016, the Defendant, who operates construction machinery leasing business, etc. under the trade name of “D,” alleged that he/she performed civil engineering works, such as ppuri (Brackers) and Babal work, on each of the instant land owned by the debtor, and reported a lien of KRW 270,070,015 as the secured claim at the auction procedure of this case on January 12, 2016.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant asserts that from November 24, 2015, the construction price of KRW 270,070,015 to the present date is KRW 270,070,015 as the secured claim and is the lien holder possessing each of the instant land.

As to this, the Plaintiff cannot recognize the claim for the construction cost of the Defendant’s assertion, and since the point at which the Defendant’s possession of each of the instant land was commenced after the registration of the commencement of auction, the Defendant did not claim.

B. In a lawsuit for passive confirmation, if the plaintiff first specified the claim and denied the fact of the cause of the right, the defendant, the right holder, bears the burden of assertion and proof as to the requirement of the right relationship.

(See Supreme Court Decision 97Da45259 delivered on March 13, 1998). Thus, in this case, the defendant, who asserts the existence of a lien, also becomes a key issue as the fact of the existence of a lien.