1.In addition to the building described in Annex II, verify that the lien of the defendant does not exist.

2. The defendant shall bear the costs of litigation.

1. Facts without dispute;

A. On April 18, 2008, A entered into a mortgage agreement with the new coal-raising Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”) on each of the real estate listed in the separate sheet owned by it (hereinafter “the instant real estate,” among which buildings are referred to as “the instant building”), with the maximum debt amount of KRW 2,340,000,000 with respect to each of the real estate indicated in the separate sheet owned by it (hereinafter “the instant real estate”). On April 21, 2008, A entered into a mortgage agreement with the debtor as a collateral security, and completed the registration of the establishment of the neighboring real estate with regard to which the

(hereinafter “instant collateral security”). B.

On January 10, 2014, the registration of the entry of the decision on voluntary commencement of auction was completed at the Daejeon District Court B on January 10, 2014.

(hereinafter “instant auction procedure”). C.

On October 7, 2015, the Defendant asserted that A had the claim for construction price of KRW 339,00,000 regarding the instant building at the auction procedure of this case, and reported the lien on the instant building.

The instant right to collateral security was transferred to the Plaintiff on November 16, 2015 on the ground of the “transfer of confirmed claim as of October 29, 2015.”

2. The parties' assertion

A. The plaintiff's assertion that the defendant does not have a claim for the construction cost of the building of this case against A, and does not occupy the building of this case.

The defendant's right of retention is non-existent.

B. The Defendant asserted that the construction price was not paid, even though the construction was completed after being awarded a contract for the removal of the building in this case from A on December 7, 2012, as well as the removal of the building in this case.

In addition, the defendant currently occupies the above building and exercises the right of retention.

The plaintiff's claim is without merit.

3. Determination

A. In a passive confirmation lawsuit such as a lawsuit seeking confirmation of non-existence of a lien, if the plaintiff asserts that the cause of the lien is denied by specifying the claim first, the defendant claiming that the lien is the lien holder shall be the subject-matter of the lien, which is the requirement of the lien.