유치권 부존재 확인
1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet;
2...
If Gap's evidence Nos. 1 through 7 (including paper numbers) added the purport of the entire argument, C (hereinafter referred to as "C") filed an application for voluntary auction with respect to each real estate listed in the separate sheet owned by D (hereinafter referred to as "D") and filed an application for voluntary auction on September 1, 2017 (hereinafter referred to as "the instant real estate auction procedure") with the Changwon District Court E (hereinafter referred to as "the instant auction procedure"). The plaintiff received the entire claim from C, which forms the basis of the instant auction procedure, from December 1, 2017; the defendant claimed the secured claim of KRW 500,000,000 (value-added tax) against D on December 11, 2017; and the current status of possession of the instant real estate in the instant auction procedure can be acknowledged as having been stated in the report on the status of possession of the instant real estate.
In order to establish and maintain a lien on the instant real estate, possession of the instant real estate is required. According to the above facts, the Defendant appears not to possess the instant real estate, and the Defendant merely asserts that there exists a claim for construction price against D, and the possession of the instant real estate does not contain any particular assertion or proof as to the possession of the instant real estate.
Therefore, as long as the defendant's right of retention on the real estate of this case does not exist, and the defendant contests it, the plaintiff as the plaintiff has a benefit to seek confirmation, the plaintiff's claim of this case shall be quoted on the ground of its reason.