1. It is confirmed that each lien on each real estate listed in the separate list of the Defendants does not exist.

2...

1. Basic facts

A. M Co., Ltd. (hereinafter “M”) completed the registration of creation of a mortgage on each real estate listed in the separate sheet (hereinafter “instant real estate”) with respect to each real estate listed in the agricultural cooperative list (hereinafter “the instant real estate” and “the entire real estate of this case” as “each of the instant real estate”) with a second priority priority priority of KRW 16,250,000,000, the maximum debt amount and the maximum debt amount of KRW 5,400,000,000, respectively.

B. As to each of the instant real estate, the procedure of voluntary auction was initiated on October 4, 2012 at the request of agricultural cooperatives based on each of the said respective collateral security rights.

(hereinafter “Voluntary Auction”) C.

In the instant voluntary auction procedure, the Defendants filed each report to the auction court with a lien as follows.

The amount of claims that accrue from the Defendant’s claim(s) 1 A, including 31,661,760 2 B personnel expenses, 18,638,170, 32,70,00 32,70,000 D external walls and other cleaning expenses including 4,500,50,500 5 E items supply 3,835,000 7,000 G hardware and other goods supply 1,150,000 7,53,370 7,53,370 9 12,60,60,00 34,191,00 11,664,68,610, 206, 206, 206, 206, 206, 206, 206, 12,000

D. On December 6, 2012, the Plaintiff acquired all rights and obligations of an agricultural cooperative pursuant to the asset sales contract from the agricultural cooperative.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 and 6 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. In a lawsuit for passive confirmation of relevant legal principles 1, the Defendant, the right holder, is liable to prove the fact that the Defendants reported each of the rights in the instant voluntary auction procedure, as the Plaintiff asserted the facts constituting the cause of a right by specifying the Plaintiff’s claim first, and thus, the Defendant, the right holder.