1. The defendant's lien does not exist with respect to the area of 2,297 square meters and 340 square meters of farmland in the substantial Gu of Cheongju-si.

1. Basic facts

A. On October 15, 2014, the Plaintiff: (a) at the auction procedure of real estate rent for real estate conducted as Chungcheongnam-si District Court E, the Plaintiff was awarded a bid for the share of 19/34 square meters of Cheongju-si and 2,297 square meters of Cheongju-si and 340 square meters of D forest land (hereinafter “instant land”); and (b) completed the registration of ownership transfer on the same day.

B. The Defendant reported the right as the lien holder of the instant land on April 24, 2014, by asserting that “The construction work was contracted to construct the site for electric power resource by F, but was not paid the construction cost equivalent to KRW 75,00,000,” in the said real estate auction procedure.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2 (including branch numbers in case of additional number), Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant is the lien holder on the land of this case due to the non-payment of civil construction costs for the land of this case, but the occurrence of the secured claim of the lien does not entirely control the land of this case, even though the secured claim of the lien is limited, the defendant does not have the right of retention for the land of this case.

B. The Defendant’s assertion that the instant land had been continuously occupied by installing containers on the instant land and installing signs indicating the exercise of lien on the instant land by failing to receive any construction cost even though the Defendant lawfully concluded a construction contract for the instant land and completed civil engineering works, and thus, continuously occupies the instant land.

3. Determination

A. In a passive confirmation lawsuit, if the plaintiff asserts that the cause of the right is denied by specifying the plaintiff's claim first, the defendant bears the burden of assertion and burden of proof as to the requisite facts of the right relationship. Since the plaintiff asserts that there is no right of retention of the defendant as to the land in this case, the lien holder is the lien holder.