유치권존재확인 청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
ex officio, we examine the legitimacy of the instant lawsuit.
The Plaintiffs asserted that they have a lien on the instant real estate owned by the Defendant in order to secure the claim for construction cost against the Defendant, and seek confirmation of the existence of a lien.
In a lawsuit for confirmation, there shall be a benefit of confirmation as a requirement for protection of rights.
The benefit of confirmation is recognized only when it is the most effective means for the defendant to receive a confirmation judgment against the defendant, and there is no benefit of confirmation in principle unless there is any dispute between the parties with respect to the legal relationship.
However, there is no existing legal dispute between the plaintiffs and the defendant as to the right of retention of the real estate of this case.
In addition, in the auction procedure for the instant real estate, it cannot be viewed as an effective and appropriate means to obtain a confirmation judgment against the Defendant, which is only the debtor, in order to obtain a lien.
Therefore, it is difficult to see that there is a legal interest in seeking confirmation of the existence of a lien against the plaintiffs, and there is no other circumstance to recognize it.
Therefore, the plaintiffs' lawsuits against the defendant are dismissed.