유치권 부존재 확인
1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.
2...
1. Basic facts
A. The Plaintiff’s acquisition of the right to collateral security 1) E Association (hereinafter “E Association”).
) The F has executed the loan to F, each of the real estates listed in the Schedule of Schedule I to J, K through L, M through N, and I to J, K through L, M through M throughO of the fifth floor on the ground of the G at the time of the Europe;
hereinafter referred to as “instant real estate”
(C) On November 23, 2007, each registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage of this case”) with the debtor F as the maximum debt amount of KRW 1.56 billion on November 23, 2007, and each registration of the establishment of a mortgage of this case (hereinafter “registration of the establishment of a mortgage of
(2) On August 2, 2016, the Plaintiff acquired the above loans and the right to collateral security against F from E Union, and completed the registration of each of the rights to collateral security in the name of the Plaintiff.
3) On September 1, 2016, the Plaintiff filed an application for the commencement of a voluntary auction on the instant real estate with the Jung-gu District Court Goyang Branch P on September 1, 2016, and received a decision to commence the voluntary auction from the above court on September 6, 2016, and the entry registration was completed on September 7, 2016 (hereinafter “instant voluntary auction procedure”).
B. B. Defendant B Co., Ltd. (hereinafter “Defendant B”) during the process of the instant voluntary auction procedure, which reported the Defendants’ lien.
(1) On November 28, 2016, the instant remodeling construction works for swimming options (hereinafter “instant remodeling works”) with respect to the instant real property on November 28, 2016
) As secured claim the “construction cost of KRW 2.00,000,000” under the “construction cost of KRW 35 million”, Defendant C as secured claim on November 28, 2016, and Defendant D reported each lien on the instant real estate with the “construction cost of KRW 36,963,600” as secured claim, and Defendant D reported each lien on December 1, 2016, with the “construction cost and project cost of KRW 21,43,000” as secured claim. [Grounds for recognition] A’s evidence of subparagraphs 1 through 3 (including the serial number, and the purport of the entire pleadings as a whole.
2. Determination as to the claim against the defendant B
(a) judgment on the cause of the claim 1 passive.