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

2...

1. Basic facts

A. On April 16, 2019, the Plaintiff, as a mortgagee of each real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”), filed an application for an auction to exercise a security right with the Jung-gu District Court on April 16, 2019. On April 18, 2019, the decision to commence voluntary auction was issued with regard to each of the instant real estate, and the entry registration was completed, and the auction procedure (hereinafter “instant auction procedure”).

B. On May 17, 2019, at the instant auction procedure, the Defendant submitted a report on the right of retention to the effect that the right of retention is exercised with the claim for construction costs, such as road expansion, building interior, civil engineering, conduit, landscaping, etc., as the secured claim, as the instant real estate.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 3 through 5 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant did not possess each of the instant real estate, and there is no secured debt related to each of the instant real estate. As such, there is no Defendant’s right of retention for each of the instant real estate, and the Defendant’s assertion of a right of retention for each of the instant real estate offered by the Defendant as security is an abuse of rights against the good faith principle. 2) The Defendant’s assertion that the Defendant occupies each of the instant real estate by making the construction cost, civil engineering cost, landscaping cost, interior construction cost, and official construction cost as the secured claim for each of the instant real estate. As such, the Defendant has the right of retention for each of the instant

B. In a passive litigation seeking confirmation of relevant legal principles, if the plaintiff alleged to deny the fact that the cause of the debt occurred by specifying the claim first, the defendant, the creditor, bears the burden of assertion and burden of proof as to the requirement of the right relationship. Therefore, in a lawsuit seeking confirmation of non-existence of a right of retention, the existence of the secured claim of the right of retention