유치권부존재확인의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the judgment on this case is added below, and thus, this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary part of the judgment] The defendant asserts that the plaintiff is the mortgagee of the land of this case, not the building, and that the defendant only exercises the right of retention for the building of this case, not the land of this case, and did not claim the right of retention for the plaintiff's auction object itself. The land and building of this case are undergoing the auction procedure at the same time due to a contingency situation where the auction case requested by the third party is combined, and there is no legal interest in seeking confirmation of the non-existence of the right of retention of the defendant.
In a case where the land and the buildings on the ground are simultaneously subject to sale, it is reasonable to sell the land and the buildings on the ground generally. In fact, it is reasonable to sell the land in a lump sum, and the fact that the H auction case for the land in this case and the buildings in this case are combined with the H auction case for the Chuncheon District Court, the H auction case for the land in this case and the buildings in this case, and that the procedure is under way to sell the land in a lump sum
The Plaintiff, a mortgagee of the instant land, is merely able to obtain preferential repayment only from the sale price of the instant land even if the instant land and the instant building are sold simultaneously. However, even if the Plaintiff did not have the right to preferential reimbursement from the sale price of the instant building, insofar as the auction procedure is in progress by means of a blanket sale method, there is a concern that the sale price of the instant land, which is sold together with the report of the lien on the instant building, may decline in the said sale price at the said auction procedure.