유치권 부존재 확인
1. All appeals by the Defendants are dismissed.
2. The costs of appeal include the part arising from the supplementary participation.
1. Basic facts
A. The Plaintiff’s Intervenor (hereinafter “ Intervenor”) purchased on November 5, 2014, the real estate listed in paragraphs 1 and 3 of the attached Table Nos. 1 and 3 (hereinafter “the instant real estate,” and the real estate listed in the attached Table Nos. 2 and 4; hereinafter “the instant real estate”; and when collectively named, the Plaintiff’s Intervenor purchased the instant real estate and the real estate listed in the attached Table Nos. 5 (hereinafter “instant five real estate”) in a voluntary auction procedure, where the construction of two houses (the instant real estate, the instant real estate, the instant real estate, and the instant real estate, the instant real estate indicated in the attached Table Nos. 2 and 4; hereinafter “instant real estate”).
M purchased the instant real estate 1 and 3 from the Intervenor on November 24, 2014.
B. The Defendants received payment from M during the construction of each of the instant building (hereinafter “instant construction”) from M in early 2015 as “the cost of construction:390 million won” and “the construction period: from January 15, 2015 to March 15, 2015”.
C. The Defendants, upon completion of the instant construction, occupied each of the instant buildings by asserting a lien that M would not pay the said construction cost, and that said, M sold each of the instant buildings to N Co., Ltd. on October 8, 2015 and agreed that N Co., Ltd. would take over the obligations of M with respect to the Defendants as part of the purchase price, and on June 2016, PO succeeded to the status of N Co., Ltd.’s above sales contract.
As to the Defendants, theO purchased each of the instant buildings, etc., paid KRW 390 million to the Defendants by December 31, 2016, and the Defendants agreed to suspend the exercise of the lien on each of the instant buildings and deliver each of the instant buildings to the O, if theO obtained a guarantee letter issued by the Guarantee Company.
E. Under the foregoing agreement, the O changed the trade name of P, a guarantee company, to Q Q Co., Ltd. on July 1, 2016.
"P" in total before and after the change of trade name.