유치권존재확인
1. The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.
2...
1. The Plaintiff sought confirmation that there was a lien on the first floor (480,03 square meters) and the second floor (509.24 square meters) among the buildings listed in attached Table 2 (hereinafter “instant building”) among the buildings listed in attached Table 2, but the court of first instance confirmed the Plaintiff’s lien on the second floor (509.24 square meters) of the instant building and dismissed the Plaintiff’s remainder of the Plaintiff’s claim.
Since only the defendant appealed against this, the scope of the judgment on the party shall be limited to the existence of lien on the second floor (509.24m2) of the building in this case.
2. Basic facts
A. B around December 201, around December 2011, it awarded a contract for the construction of a new building described in Paragraph 2 of the attached Table to the land listed in Paragraph 1 of the attached Table (hereinafter “instant land”).
B. B, on August 10, 2012, separately agreed to the Plaintiff on August 10, 2012, with the construction cost of KRW 360,00,000 (excluding value-added tax) for a soup and soup work among the instant buildings (hereinafter “instant construction”).
C. Around that time, the Plaintiff started the instant construction and completed it until October 18, 2013.
However, as of November 4, 2013, B did not pay KRW 103,907,000 out of the instant construction cost.
The Defendant concluded a security trust contract with respect to the instant building on September 27, 2012, and completed the registration of ownership transfer based on a trust in the Defendant’s future as No. 71221, Oct. 29, 2012.
The instant building was registered in the collective building ledger on April 25, 2013.
E. On May 23, 2014, the decision on voluntary commencement of auction was rendered to Suwon District Court Ansan Branch C on the instant building.
F. In the above auction procedure, the Plaintiff reported the lien equivalent to KRW 183,907,00 as the secured claim. The Plaintiff, along with other construction business operators other than the Plaintiff, reported the lien on the second floor of the outer wall of the instant building, stated “in possession of the lien” and “in the course of exercising the lien” on the outer wall of the instant building.