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1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.
2...
Reasons
1. Basic facts
A. C (hereinafter referred to as “C”) completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 6.36 billion on February 28, 2014, the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 360 million on November 13, 2014, the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 360 million on June 22, 2015, the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 840 million on June 22, 2015, and the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 240 million on November 5, 2015, respectively.
B. On December 27, 2017, C through E Co., Ltd. transferred the secured debt of each of the instant right to collateral security to the Plaintiff. Around that time, C notified the transfer of the said claim.
C. On January 2, 2019, the Plaintiff filed an application for voluntary auction with the F of this Court for the amount of KRW 7,096,023,830 with respect to the instant land and building at issue, and received a decision to commence auction on January 3, 2019 from the said court, and completed such registration on January 4, 2019.
(hereinafter referred to as “instant auction procedure”) d.
In the instant auction procedure, the Defendant reported a lien of KRW 24.2 million as the preserved claim on March 14, 2019, at the instant auction procedure.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings
2. Determination:
A. In a passive confirmation lawsuit, if the Plaintiff asserts to deny the fact that the cause of the obligation occurred by specifying the Plaintiff’s claim first, the Defendant, the obligee, bears the responsibility to assert and prove the fact that the legal relationship exists. As such, in a lawsuit seeking confirmation of non-existence of the right of retention, the Defendant should assert and prove the existence of the subject-matter of the right of retention, which is the requisite fact of the right
(see, e.g., Supreme Court Decision 2013Da99409, Mar. 10, 2016). B.
Around September 2018, the Defendant removes and affixes his/her seal on the instant building from Nonparty Company.