유치권부존재확인
1. Of the judgment of the court of first instance, the part concerning the construction of official text and the presidential power of the limited liability company is as follows.
1. Basic facts
A. On September 6, 2012, the Plaintiff loaned KRW 1.550 million to Busan AWnBFFFFFF agricultural corporation (hereinafter “AWnB”) as collateral each of the real estate listed in the separate sheet as collateral (hereinafter “each of the instant real estate”). Of them, the Plaintiff was granted a collateral security right on the real estate listed in the separate sheet Nos. 1 through (6) among the real estate listed in the separate sheet Nos. 1 through (7) (hereinafter “instant land”).
B. D Forest Construction Co., Ltd. (hereinafter “Dlim Construction”) which is the creditor of C&W, filed an application for voluntary auction with the Jeonju District Court for the claim amounting to KRW 169 million with respect to each of the instant real estate, and accordingly, on October 8, 2012, the decision to commence auction was made on the same date, and the entry registration was completed on the same date. The creditor B also filed an application for compulsory auction with the Jeonju District Court for the claim amounting to KRW 32,314,700 with respect to each of the instant real estate at KRW 32,314,70, and accordingly, on October 16, 2012, the entry registration was completed on the same day.
(hereinafter referred to as “pre-trial auction procedure”. (c) Auction procedure commenced upon a request for auction by Drup Construction and B.
After that, the Plaintiff delayed the repayment of the principal and interest of interest of the instant real estate on October 23, 2013, filed an application for voluntary auction with the Jeonju District Court D regarding each of the instant real estate on October 24, 2013. Accordingly, the decision to commence auction was made on October 24, 2013, and the entry registration was completed on the same day, and each of the auction cases was overlapped, and the auction proceedings were conducted.
In the above auction procedure, Defendant Yongmun Construction Co., Ltd. (hereinafter “Defendant Yongsan Construction”)’s claim for construction cost amounting to KRW 896,753,00 on January 11, 2013, and Defendant Dae Young Power Co., Ltd. (hereinafter “Defendant Dae Young Power”)’s claim for construction cost amounting to KRW 137,000,000 on October 10, 2013, and Defendant limited liability company Korea’s claim for construction cost amounting to KRW 197,203,50 on January 7, 2013, respectively.