1. It is confirmed that the Defendants’ lien on real estate listed in the separate sheet does not exist.

2...

1. Basic facts

A. The Plaintiff, as a creditor of the right to collateral security against the debtor B, filed an application for the commencement of voluntary auction with this Court C (hereinafter “instant auction procedure”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). The Plaintiff is a creditor who completed the registration of transfer of the right to collateral security upon transfer of the said claim from the National Federation of Fisheries Cooperatives and the National Federation of Fisheries Cooperatives (hereinafter “the instant auction procedure”) upon receipt of the decision to commence the auction.

B. In the instant auction procedure, the Defendants reported each right of retention with respect to each of the instant real estate claims as the secured debt.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Defendants’ lien on the instant real estate is not all recognized due to the secured obligation and the absence of possession, and sought confirmation of the absence of such lien.

(b) In a lawsuit seeking confirmation of existence of the right of retention, the person who claims the right of retention must assert and prove the facts of the requirements for its establishment and existence;

(See Supreme Court Decision 97Da45259 delivered on March 13, 1998, etc.). C.

Defendant A has a claim for the construction cost that was not received after the execution of the electrical construction, transshipment construction, and interior construction with respect to the instant real estate, and Defendant A asserts that it is a legitimate lien holder since around April 2014, prior to the commencement of the instant auction procedure, he/she continuously occupied the instant real estate by delegating possession to D, who is a lessee of some of the instant real estate, from April 2014, prior to the commencement of the auction procedure.

On the other hand, the requirements for establishing lien under Article 320 of the Civil Code and the possession, which is the requirements for existence, are the objective relationship that appears to belong to the factual control of the person in terms of social norms. At this time, the factual control is not limited to the physical and practical control of the object, but is excluded from the time and spatial relationship with the object, the principal right relationship, and the control of another person.