beta
(영문) 전주지방법원군산지원 2017.08.25 2016가합11921

유치권 부존재 확인의 소

Text

1. In the case of the auction of real estate E in the Jeonju District Court of the Jeonju District E, paragraph 1.

Reasons

1. Basic facts

A. The F Ground Building, including each real estate listed in the separate sheet, (hereinafter “instant building”) is owned by the large-scale unemployment company (hereinafter “large-scale unemployment”).

On September 24, 2014, the Plaintiff created a right to collateral security with respect to the instant building, the debtor G and the maximum debt amount of which are KRW 819,00,000, with respect to the instant building, and completed the registration on the same day.

B. On December 21, 2015, the Plaintiff, as a mortgagee of the instant building, applied for an auction of real estate under the Jeonju District Court Gunsan Branch E with respect to the instant building on December 21, 2015, and on January 7, 2016, the entry registration was completed on the same day after the decision to commence auction was issued.

(hereinafter “instant auction procedure”). C.

In the auction procedure of this case, Defendant A claims for construction cost of KRW 21,00,00 for the real estate listed in the separate sheet No. 1 (hereinafter referred to as the “real estate No. 1 of this case”); Defendant B claims for construction cost of KRW 137,00,000 for the real estate listed in the separate sheet No. 2 of this case (hereinafter referred to as the “real estate No. 2 of this case”); Defendant C filed a report on the real estate No. 3 of this case including the real estate listed in the separate sheet No. 3 of the building No. 3 of this case, including the real estate No. 3 of this case, the underground floor, the indoor floor No. 2 through 4 of this case; Defendant D filed a report on the real estate No. 4 of this case (hereinafter referred to as the “real estate No. 4 of this case”) with respect to the real property listed in the separate sheet No. 1 of this case; and Defendant C acquired each of the above real estate No. 3 of this case’s secured claim.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination as to the claim against Defendant A

A. The Plaintiff’s assertion 1 of the parties concerned has a claim for the construction cost as to Defendant A’s 1’s 1st real estate unemployment.