1. It is confirmed that there is no lien on real estate listed in the separate sheet to the Defendant.

2...

1. Basic facts

A. In order to secure a loan to a stock company B (hereinafter “B”), Gyeongnam Bank (hereinafter “Gyeongnam Bank”) completed the registration of establishment of a neighboring real estate (hereinafter “instant real estate”) listed in the separate sheet, which is owned by B, etc., in order to secure a loan to a stock company B (hereinafter “B”).

On May 28, 2014, Gyeongnam Bank applied for an auction for the exercise of security rights to the real estate in this case on May 28, 2014, and the auction procedure commenced. On May 30, 2014, the registration of the decision on commencing auction was completed.

B. The Plaintiff’s acquisition of the Plaintiff’s claim is a specialized securitization company established pursuant to the Asset-Backed Securitization Act, and Ep&A, instead of purchasing the claim against B from Gyeongnam Bank, acquired the secured claim from Gyeongnam Bank, which was subject to the mortgage-backed claims against B, and subsequently completed the registration of the Financial Supervisory Service with respect to the examination announcement and the assignment of claims on November 13, 2014. The Plaintiff notified the transferor of the assignment of claims to Gyeongnam Bank on December 12, 2014, and reached B around that time.

On December 19, 2014, the Plaintiff reported the change of creditor to the executing court.

C. On December 11, 2014, the Defendant reported the right of retention by asserting that the right of retention exists with respect to the instant real estate as a creditor for construction cost arising from the Rail Construction Works for B at the above auction procedure.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 7 and 10 (including paper numbers), the purport of the whole pleadings

2. The Plaintiff’s claim for construction cost does not exist, and the Defendant’s construction work is free, and it is difficult to regard it as a claim arising in relation to the instant real estate as a claim arising from the instant real estate, and the Defendant does not occupy the instant real estate.

3. Determination

A. In a passive confirmation lawsuit, the Plaintiff first specified the claim.