1. The defendant as to the attached real estate in the previous state district court A and B (Dual) auction in the previous state district court A and B (Dual).

1. Facts of recognition;

A. The Plaintiff acquired, from the Nonghyup Bank Co., Ltd., the right to collateral security on the attached real estate in progress of the auction procedure (hereinafter “the instant voluntary auction”) in the instant court A and B (Dual) auction case.

B. In the instant voluntary auction on April 22, 2014, the Defendant filed a lien on the instant voluntary auction, asserting that the Defendant filed a claim for penalty and the outstanding amount due to the termination of the supply contract, such as liquid volcano, with respect to the CMSethyl Co., Ltd., the owner of the attached real estate (hereinafter “CMSethyl”).

C. On March 31, 2014 and April 3, 2014, an enforcement officer’s investigation was conducted on the attached real estate, but there was no discovery that the Defendant occupied the attached real estate at the time.

[Ground for recognition] No. 6 did not dispute, or written evidence No. 6

2. The responsibility for proving the existence of the right of retention in a lawsuit filed to confirm the existence of such right;

A. In a passive confirmation lawsuit, if the plaintiff first asserts the fact that the cause of the right occurred, the defendant, the right holder, is liable to prove the fact that the right holder satisfies the requirement of the right relationship. Thus, in this case, the defendant, who claimed as the lien holder, must prove the existence of the secured claim, which is the requirement of the right of retention, and the requirement of the establishment

B. On October 2013, the Defendant concluded a contract for product supply and equipment leasing with the content of leasing equipment for gas supply owned by the Defendant and supplying liquefied gas, etc., however, the Defendant asserts that CIM was liable for penalty and outstanding amount due to the termination of the contract through termination of the contract.

3. Determination

A. A person who possesses another person's articles or securities has the right to retain such articles or securities until repayment thereof is made (Article 320(1) of the Civil Act). In order to establish a lien, a person who possesses another person's articles or securities has the right to retain such articles or securities until repayment thereof is made.