1. In the instant case of voluntary auction of real estate C in this Court, the Defendants’ lien on the attached real estate and machinery and apparatus shall be granted.

1. Facts of recognition;

A. Annex 1 building is a building on the ground of E, which is the play movable property in Gunsan CityD, and machinery and equipment attached to Annex 2 are play equipment, such as balking and wheel bars, which are installed in E.

B. On March 31, 2014, the Plaintiff, as a mortgagee, applied for a voluntary auction on the attached buildings and machinery and appliances, and the auction was commenced on April 1, 2014.

Defendant A: from January 2008 to March 2008, the construction cost of the E site is KRW 600,000,000,000,000,000,000,000,000,000,000,000 won

C. On June 16, 2014, the Defendants reported the right of retention by asserting that the debtor F, who is the auction debtor, had the following claims in the above auction case:

[Ground of recognition] Facts without dispute, entry of Gap 1 through 8 (including paper numbers; hereinafter the same shall apply)

2. In a lawsuit seeking the passive confirmation of the burden of proof of existence of a lien, where the Plaintiff first asserted the fact that the cause of the right occurred, the Defendant, the right holder, is liable to prove the fact that the right holder is the requirement of legal relationship. Therefore, in this case, even in this case, the Defendants, who claimed as the lien holder, should prove the existence of the secured claim and the requirements for establishing the right of retention

3. Determination as to Defendant A’s assertion

A. Defendant A’s assertion was subcontracted between October 2007 and March 2008 to high source construction, Geum River, G, and H, etc. to perform civil engineering works on the E’s land and construction works on the ground, and paid the construction cost in an amount equivalent to KRW 600 million. As such, Defendant A’s claim for construction cost as secured claim is entitled to attract attached buildings, machinery, equipment, etc. with the aforementioned claim for construction cost as secured claim.

B. On January 5, 2008, the contract form (Evidence A6-2) was drawn up between Defendant A and F with respect to the construction work including E civil engineering and landscaping on January 5, 2008. However, the contract form (Evidence A6-2) was drawn up, but since Defendant A is the wife of F, and ② Defendant A bears all the construction cost.