유치권부존재확인청구의소
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The defendant as to each real estate listed in the separate sheet.
1. Basic facts
A. The Plaintiff (hereinafter the Plaintiff changed from the Korea Financial Savings Bank to the current trade name on June 27, 2014) completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to each real estate listed in the separate sheet (hereinafter “each of the instant lands”) owned by L Co., Ltd. (hereinafter “L”) as a collateral while granting a loan to K Co., Ltd. (hereinafter “K”). < Amended by Presidential Decree No. 23695, May 23, 2012; Presidential Decree No. 23595, May 23, 2012.
B. As to each of the instant lands, I filed an application for a compulsory auction with the Daejeon District Court Branch of the Daejeon District Court for the compulsory auction. On October 29, 2013, the Daejeon District Court rendered a decision to commence the auction (hereinafter “instant decision to commence the auction”), and the entry registration was completed on the same day.
C. On April 2014, the Plaintiff filed an application for voluntary auction of each of the instant land with the Daejeon District Court Branch M&D, and the Daejeon District Court rendered double decision on the commencement of auction on April 22, 2014.
(The above real estate auction case was conducted with the auction procedure that overlaps with the real estate auction case mentioned in the above Paragraph (b), and the above auction procedure was conducted (hereinafter "the auction procedure of this case"). D.
L was engaged in construction of three buildings on each of the instant lands (hereinafter “new construction of this case”). However, the new construction of this case is now suspended without completion.
E. On January 9, 2014, the Defendant reported the right of retention on each of the instant land in order to secure the claim for the construction cost for C&C Construction (hereinafter “C&D”) at the instant auction procedure.
F. On March 26, 2015, the Plaintiff transferred the instant right to loan L and the instant right to collateral security, which is the security, to the Intervenor succeeding to the Plaintiff (hereinafter “ Intervenor”).
G. The intervenor in the auction procedure of this case sells each of the lands of this case 1,550,000.