유치권존재확인
1. It is confirmed that the Plaintiff’s lien exists with respect to the attached real estate indicated by the above parties.
2...
1. In light of the overall purport of the arguments in the statements in Gap's evidence No. 1 through 6, 8 through 11, 13, 14, 16, and 18 as to the cause of the claim, the plaintiff occupied the attached real estate (hereinafter "the building of this case") among them for the purpose of mobile communications retail stores, etc. from February 2010 in order to preserve the claim related to construction works for Eul, etc., which is the original acquisitor of the D Condominium-gu, Incheon. After the commencement of the plaintiff's possession, the compulsory commencement decision of auction was completed on June 18, 2012. The defendants purchased the building of this case in the auction procedure on March 28, 2014. The defendants filed a lawsuit against the plaintiff for delivery of the building of this case (this court's 2014Ga65389). However, the plaintiff's appeal based on the above possession right cannot be accepted and the judgment of the court of first instance became final and conclusive through dismissal of the appeal.
Therefore, regarding the building of this case, the plaintiff's right of retention should be acknowledged as legally existing, and as long as the defendants dispute this, there is a benefit to seek confirmation.
2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.