유치권부존재확인
1. It is confirmed that the defendant's lien does not exist with respect to B forest No. 99,156 square meters in Won-si.
2...
1. The Plaintiff, as a creditor of Nonparty C, was issued a voluntary decision on commencement of real estate auction on October 8, 2013 with respect to the forest land stated in the order owned by Nonparty C, and the Defendant reported a right of retention to preserve the construction cost at the above auction case on December 13, 2013, but even based on the auction status survey document prepared around October of that year, the fact that the Defendant’s on-site possession was not verified can be acknowledged by adding the overall purport of the pleadings to the entries and images stated in the evidence No. 1 through 8 and the entire purport of the pleadings.
In light of the above facts, it is difficult to view that the Defendant occupied the forest land effectively under a factual control before the prohibition of the disposition of the decision on commencing auction took place, on the sole basis of the evidence cited by the Defendant, prior to the occurrence of the effect of the disposition of the decision on commencing auction.
Therefore, there is no right of retention of the defendant, and there is a benefit to seek confirmation as the plaintiff.
2. If so, the plaintiff's claim is justified and it is so decided as per Disposition.