유치권부존재확인
1. Defendant as to the real estate listed in the separate sheet.
1. Basic facts
A. On March 6, 2007, a new bank (hereinafter “new bank”) created a collateral security (hereinafter “mortgage”) with a maximum debt amount of KRW 1.69 million with respect to the instant real estate owned by B in order to secure the principal and interest of loan against B. Since B did not repay the principal and interest of loan, B filed an application for auction on the instant real estate as it did not repay the principal and interest of loan, and the auction was commenced on January 11, 2012.
B. On May 15, 2012, a new bank transferred part of its assets, including the principal and interest of loans, to a stock company Ep&A. On June 15, 2012, Korea Ep&A transferred the assets to the Plaintiff as it is, on June 15, 2012, and the new bank notified the transfer of each of the above claims to B around June 19, 2012.
In addition, the Plaintiff acquired the instant right to collateral security by completing the registration procedure for the Financial Supervisory Service under Article 6(1) of the Asset-Backed Securitization Act.
C. During the instant auction procedure, Defendant Madar claimed that “A project for remodeling” was carried out regarding the instant real estate, and that the said real estate had not been paid KRW 739 million, and that the instant real estate is occupied to secure the claim for the said construction cost.” On February 27, 2012, Defendant Madar reported the lien on February 27, 2012.
In addition, the Defendant Benc filed a lien report on March 14, 2012, stating that “The instant real estate had not been paid construction cost by carrying out “the boiler pump installation and the installation of related pipeline materials” with respect to the instant real estate, and it is in possession of the instant real estate in order to secure the claim for the said construction cost.”
[Based on recognition] Defendant Badar: The fact that there is no dispute, each entry of Gap Nos. 1 through 8 (including each number), and the purport of the whole pleadings: deemed confession under the Civil Procedure Act.