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. On October 18, 2016, C Co., Ltd. (hereinafter “C”) completed the registration of creation of a neighboring mortgage at KRW 204,00,000 with respect to the land and buildings indicated in the separate sheet (hereinafter “instant land and buildings”) owned by Nonparty D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) (hereinafter “Nonindicted Co., Ltd.”). On July 5, 2018, the registration of creation of a neighboring mortgage at KRW 173,052,534 with respect to the instant land and buildings was rendered to E, and the registration was made after the decision of voluntary decision of commencement of auction was rendered on July 5, 2018.

(hereinafter referred to as “instant auction procedure”. B.

In the instant auction procedure on August 8, 2018, an enforcement officer conducted an investigation into the current status of the real estate and the investigation into the status of the possession of the real estate in the report on the investigation into the current status were stated in the report on the investigation into the current status as follows: “There is a statement by the manager F that there is no occupant and only management are being performed,” and the appraisal report of July 30, 2018 on the instant land and buildings (lease relationship and other matters) stated as follows: “The multi-family house on the ground shall be leased in the public room at the time of the on-site investigation.”

C. On September 20, 2018, G Co., Ltd. transferred the instant secured debt to the Plaintiff via G Co., Ltd., and notified the assignment of the instant secured debt on September 21, 2018.

In the instant auction procedure, the Defendant reported a lien of KRW 225 million with the reported amount as of December 14, 2018.

[Evidence Evidence: Evidence Nos. 1, 2, 4 through 11 (including paper numbers; hereinafter the same shall apply)

(3) Each entry, part of the evidence No. 3, and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. In a passive confirmation lawsuit, if the Plaintiff asserted to deny the fact that the cause of the debt occurred by specifying the claim first, the Defendant, the creditor, bears the responsibility to assert and prove the fact that the legal relationship exists, and thus, is the requisite fact of the right of retention in the lawsuit seeking confirmation of existence of the right.