1. The defendant's right of retention on the attached real estate in the case of the auction of the real estate B in the Jeonju District Court.

1. Facts of recognition;

A. The Plaintiff acquired the secured debt of the right to collateral security on the attached real estate from the Bank of Korea during the course of the auction auction as stated in the order.

B. On March 7, 2014, the Defendant reported the right of retention by asserting that the auction obligor C has a claim for construction cost.

[Ground of recognition] No dispute or entry of Gap evidence Nos. 1 through 3

2. Determination on the cause of the claim

A. In a lawsuit for the passive confirmation of the burden of proof of existence of a lien in a lawsuit for the confirmation of existence of a lien, if the plaintiff first claims to deny the fact that the cause of the right occurred, the defendant, the right holder, is liable to assert and prove the facts that constitute the requisite of the right relationship. Thus, in this case, the defendant, who claimed as the lien holder, should assert and prove the existence of the secured claim that is the requisite of the

B. In light of the judgment, while the instant case was in progress by public notice against the Defendant, the Defendant applied for the resumption of argument to the effect that the Defendant contests the Plaintiff’s claim, from the time of the closing of argument to the day of the closing of argument, no evidence exists to acknowledge the Defendant’s right of retention, and there is no evidence to acknowledge the Defendant’s right of retention. Thus, it is reasonable to deem that there is no right of retention as to the Defendant’s attached property

As long as the Defendant reported a lien as above, the Plaintiff has a legal interest to seek confirmation of the absence of a lien.

3. The plaintiff's claim for conclusion is reasonable.