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1. Revocation of a judgment of the first instance;
2. There is no lien on real estate listed in the Defendant’s attached list.
Reasons
1. The reasons why this Court should explain this part of the facts are as follows: (a) except for the alteration of “the instant telecom” into “real estate recorded in the attached list” (hereinafter “the instant telecom”) of the second 9 judgment of the court of first instance, the corresponding part of the judgment of the court of first instance is identical to that of the corresponding part of the judgment of the court of first instance; (b) thereby, this Court
2. Determination
A. In a lawsuit seeking confirmation of non-existence of a right, if the plaintiff asserted to deny the fact that the cause of the right occurred by specifying the claim first, the defendant, who is the right holder, bears the burden of assertion and proof as to the requirement of the right
(See Supreme Court Decision 97Da45259 delivered on March 13, 1998). B.
The Defendant concluded the instant lease contract with the deposit deposit of KRW 150,000,000,000,000 for the down payment and intermediate payment already paid after the agreement was rescinded. Since the Defendant had the right to claim reimbursement of necessary or beneficial expenses for the instant cartel by performing the facility repair work of the instant cartel, it asserts that the Defendant has the right to attract the instant cartel with the preserved bond.
C. Comprehensively taking account of the overall purport of arguments in Eul evidence Nos. 4 through 7 (including branch numbers), and witness D and B of the first instance trial, Eul entered into a contract for construction work with the Defendant on November 30, 2012, with regard to the construction work cost for the facility repair work of the Mourel of this case, between November 30, 2012 and November 30, 2013; ② the Defendant entered into a subcontract with D on December 3, 2012 for the installation work cost for the Mour of this case with D, as well as KRW 769,010,000 for the installation work cost for the Mour of this case; ③ D from December 14, 2012 to December 14, 2012 to repair the Mour of this case; and ③ D from December 14, 2012 to repair the Mour of this case’s outer wall; and