1. The defendant's claim for the construction cost of KRW 35,00,000 as the secured claim regarding the real estate stated in the attached list.

1. Facts of recognition;

A. In order to secure the claim against B, the Plaintiff completed the registration of creation of a mortgage on October 31, 2013 with respect to the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) with a maximum debt amount of KRW 208,00,000,000.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) B.

The Plaintiff filed an application for voluntary auction to Seoul Southern District Court C with respect to the instant real estate based on the instant collateral security, and received a voluntary decision to commence auction on December 8, 2014.

(C) The auction procedure following the decision on voluntary commencement of auction (hereinafter “instant auction procedure”).

In the instant auction procedure, on March 18, 2015, the Defendant reported the right of retention by asserting that he/she had a claim for construction cost of KRW 35 million in relation to the instant real estate at the above court.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 3-1, the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff’s assertion 1) No claim for construction cost as alleged by the Defendant exists with respect to the instant real estate, and since the Defendant did not possess the instant real estate, there is no right of retention of the Defendant with respect to the instant real estate. 2) The Defendant’s assertion that the instant real estate had a claim for construction cost of KRW 35 million upon completion of molding construction among the Grara Construction Works including the instant real estate. Since the Defendant occupied the instant real estate from November 201, 2014, there exists a right of retention of the Defendant with respect to the instant real estate.

B. In the 1 passive confirmation lawsuit, if the plaintiff alleged to deny the fact that the cause of the debt occurred by specifying the plaintiff's claim first, the defendant, the creditor, bears the burden of assertion and burden of proof as to the fact that the legal relationship exists. Thus, in the 1st passive confirmation lawsuit, the right of retention is related to the object of the right of retention, which is the requirement of the