1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation on this part of the basic facts is that the reasoning for the judgment of the court of first instance is the same as that for the corresponding part of the reasoning for the judgment, and thus, they are cited in accordance with the main sentence

2. The assertion and judgment

A. 1) Although the Plaintiff did not have a lien on each of the instant real estate, the Defendant reported that the Plaintiff had a lien as stated in the purport of the claim during the instant voluntary auction procedure. As such, the Plaintiff, who filed an application for voluntary auction as a mortgagee of each of the instant real estate, sought confirmation that no lien exists with respect to each of the instant real estate. 2) Defendant concluded a contract with C on February 25, 2012 regarding the removal and construction of charcoal with the amount of construction cost of KRW 218.48 million, and completed the said construction after concluding the construction contract with C on February 25, 2012, Defendant entered into a contract with C for the removal and construction of charcoal with the amount of construction cost of KRW 5,00,000,000 among the construction cost, and did not receive KRW 16,348,000,000 for the remainder of the construction cost, and thus, the Defendant

B. Determination 1) The right of retention refers to the right to possess another person’s goods until a claim arising in relation to another person’s goods is repaid. In a lawsuit for passive confirmation, such as this case, if the Plaintiff asserted that the cause of the right is denied by specifying the claim first, then the Defendant claiming that the right holder is the right holder bears the burden of assertion and burden of proof as to the facts constituting the requisite of the right relationship (see, e.g., Supreme Court Decision 97Da45259, Mar. 13, 1998). As a fact constituting the requirement of the right of retention, the existence of the secured claim and the burden of assertion and proof as to the possession, etc. of each of the instant real property owned by the obligor. 2) If the entry registration of the decision of commencement of auction becomes complete and the seizure becomes effective