유치권 부존재 확인
1. As to the land listed in the annexed Form 1, it is confirmed that the Defendants’ lien does not exist.
2.Attachment 1.
1. On February 16, 2017, DF and E Union: (a) with respect to the land indicated in the Attachment No. 1 (hereinafter “instant land”) from F Co., Ltd. F (hereinafter “F”), each debtor is granted the right to collateral security with the maximum debt amount of KRW 2,730,000,000,170,000; (b) around April 6, 2018, the debtor was granted the right to collateral security; and (c) filed an application for voluntary auction on the instant land.
around June 7, 2018 and July 10, 2018, Defendants submitted a lien report on the instant land at the above auction procedure.
On June 28, 2018, the Plaintiff was transferred the aforementioned right to collateral security and the secured debt from the D Association and E Association.
On the other hand, the instant land has two floors of reinforced concrete structure (one) and two floors of reinforced concrete roof (one hundred and sixty-four square meters, respectively; hereinafter “instant building”) indicated in drawings such as the structure of the building of a studio concrete studio (4,860 square meters; hereinafter “instant structure”) on the instant land, indicated in the attached drawing Nos. 2 (1).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings
2. Determination
A. F, the owner of the instant land, which was recognized as having a lien on the instant land 1), is the owner of the instant land, G Co., Ltd. (hereinafter “G”).
Defendant B Co., Ltd. (hereinafter “Defendant B”).
A) Around November 23, 2017, the Plaintiff entered into an agreement on the supply of ready-mixed with G and supplied ready-mixed to G, and F jointly and severally guaranteed the obligation to pay the price of ready-mixed in the said G. Defendant C Co., Ltd (hereinafter “Defendant C”).
(1) Around October 11, 2017, the Plaintiff entered into an agreement on the supply of ready-mixed with G and supplied ready-mixed to G, and F jointly and severally guaranteed the obligation to pay the price of ready-mixed in the said G. Meanwhile, the Defendants installed a container stuff with a banner called the exercise of lien on the instant land. [Grounds for recognition] There is no dispute, and the evidence Nos. 3 through 7 (including the serial number) are included.