유치권부존재확인의 소
1. The part against the defendant in the judgment of the first instance, including the plaintiff's claim added by this court, is as follows.
1. The reasoning for this part of the basic fact is to be replaced by the attached Form attached to the judgment of the court of first instance, and the reason for this part is to be stated in the attached Form attached to the judgment of the court of first instance, and it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except that the court of first instance, “with respect to the real estate listed in the attached Form No. 1 (hereinafter “instant real estate”) shall be read as “with respect to the building, etc. listed in the attached Form No. 1)” of 2, 14 of the judgment of the court of first instance, and 3, “the possession of the instant real estate” shall be read as “the possession of the building listed in the attached Form No. 1 and the building listed in the attached Form No. 2 (hereinafter “each building listed in the attached Form
2. The parties' assertion
A. Plaintiff 1) did not have the Defendant’s claim for the construction price against E, and even if the claim for the construction price exists, there is no relationship between the instant building and the instant building. Thus, even if the secured claim for the lien exists, the Defendant’s claim for the construction price against E was completed by prescription or all due to set-off as follows. (A) The Defendant occupied and used the instant building from March 2014 to March 201, as the Defendant occupied and used the instant building, and thus, the amount equivalent to the rent should be returned to E, the owner of the instant building, as unjust enrichment.
Accordingly, the Plaintiff set off the claim for return of unjust enrichment by subrogation of E against the amount equivalent to the Defendant’s claim for construction price.
3. Furthermore, it cannot be deemed that the Defendant has occupied the instant building prior to the date on which the instant decision to commence the auction was rendered.
In addition, the defendant concludes an agreement with E for free use, and based on it.