유치권 부존재 확인
1. The judgment of the court of first instance is revoked, and the part of the judgment (the part of the claim for confirmation of existence of the right of retention) is dismissed.
2...
1. Basic facts
A. On August 20, 2015, C (hereinafter referred to as “C”) borrowed KRW 3.22 billion from D Co., Ltd. (hereinafter referred to as “D”), and on the same day, the Medical Corporation completed the registration of the establishment of a neighboring mortgage, a debtor, and a mortgagee D, as to each of the real estate listed in the separate sheet Nos. 1 through (3) of the attached Table Nos. 4 through 10 (hereinafter referred to as “each of the above real estate”) owned by E, in order to secure the obligation of the above loan.
B. On March 7, 2017, D applied for a voluntary auction on each of the instant real estate to the Daegu District Court Kimcheon-SupportF, and the said court rendered a decision to commence voluntary auction on March 8, 2017, and completed the registration of the decision to commence voluntary auction on each of the instant real estate.
(hereinafter the above auction procedure is referred to as “instant auction procedure”).
D On June 7, 2017, G Co., Ltd. is the same as D Co., Ltd.
On June 29, 2017, G Co., Ltd and the Plaintiff concluded an asset transfer agreement with the Plaintiff to acquire the purchaser status of the said asset transfer agreement.
D notified C that the above loan claims were transferred to the Plaintiff. D.
On July 10, 2017, the Plaintiff succeeded to the status of the obligee by filing an application for the change of the obligee from D to the Plaintiff during the instant auction procedure.
E. On May 8, 2017, the Defendant reported the lien on each of the instant real estate by setting the claim for construction cost of KRW 1.8 billion against C as the secured claim at the instant auction procedure.
(A) On September 6, 2018, the Defendant submitted a report on the waiver of the right of retention to withdraw the report on the right of retention on each of the real estate listed in [Attachment List Nos. 1 and 4 through 10] at the instant auction procedure. Meanwhile, the Plaintiff submitted each of the instant cases at the instant auction procedure.