유치권부존재확인
1. It is confirmed that there is no lien on each real estate listed in the defendant's separate sheet 1 and 2 attached hereto.
2...
1. Basic facts
A. On November 30, 2009, the Defendant received a ruling to commence the auction on real estate listed in [Attachment C] (hereinafter “instant land”) and Paragraph 1 of [Attachment 2] from this Court, based on the lien.
B. Meanwhile, the Defendant, Gangwon-do Co., Ltd., Namdo Co., Ltd., Hanjin-do, Hanjin-do Co., Ltd. (hereinafter “Defendant et al.”) filed a lawsuit against the Plaintiff to recover possession. The conciliation was concluded on March 27, 2008 in the case of Gwangju High Court 2007Na5150, 2007Na5167 (Joint) which is the appellate court, and its main contents are as follows.
① The Plaintiff delivers the third floor site office and the fourth floor accommodation among the real estate listed in the attached Table 2 list to the Defendant, etc., and directly recognizes possession of the above building portion by the Defendant, etc.
② In cases where it is recognized that the defendant, etc. has lawfully occupied the part of the first floor restaurant of this case in the final judgment of the lawsuit seeking confirmation of existence of the right of retention in Gwangju District Court 2007Gahap3934, the plaintiff shall transfer the direct possession of the above part of the restaurant to the defendant, etc.
(3) The defendant, etc. shall not interfere with the plaintiff's business activities in the part other than the part possessed by the defendant, etc.
C. On July 10, 2008, the Plaintiff won a favorable judgment in the instant case for the confirmation of existence of a lien (2007Gahap3934) filed against the Defendant, etc., but the Gwangju High Court (2008Na5102) rendered a judgment dismissing the claim against the Defendant and the Nai Co., Ltd. on April 29, 2009. The appeal against the above judgment was dismissed on September 24, 2009.
On January 14, 2010, the Defendant and Bosto Co., Ltd. carried out India enforcement with the above mediation protocol, etc. as executive title. At the time, the execution protocol indicate the real estate (hereinafter “instant building”) as indicated in the attached Table 2 as the first, third, and fourth floor.