유치권 부존재 확인 등
1. It is confirmed that the Defendants’ lien against B 977m2 at the time of a macroscop does not exist each.
2. The defendants are the defendants.
1. Facts of recognition;
A. On August 11, 2012, ELC Construction Co., Ltd. (hereinafter “ELC Construction”) purchased B 977 square meters (hereinafter “instant land”) and completed the registration of ownership transfer on September 27, 2012. On the same day, the debtor C, a fisheries cooperative with the right to collateral security, the maximum debt amount of KRW 804,00,000 on the instant land.
B. On July 4, 2014, the instant land had been voluntarily decided to commence auction to the instant court D upon the application of the macro-Fachi Cooperatives, and on the same day, the decision to commence voluntary auction was registered on the same day.
(2) On January 12, 2015, the Plaintiff purchased the instant land in the instant voluntary auction procedure and completed the registration of ownership transfer on February 6, 2015.
C. On the other hand, on April 23, 2013, Defendant Botop Co., Ltd. (hereinafter “Defendant Botop”) concluded a contract with the ELDD Construction, under which Defendant Botop Co., Ltd. as the contractor for the construction of a primary complex building on the instant land, to conclude a contract with Defendant Botop Co., Ltd. for the construction of a soil and file processing facility for the construction of a primary complex building (hereinafter “instant earth and sand”).
Accordingly, by August 2013, Defendant Boyto Co., Ltd completed the foundation and soil works for new construction of buildings on the instant land, soil erosioning works, PHC file works, appurtenant works, etc.
However, in order for ELC Construction to not pay the construction cost, the defendant Daehan reported the right of retention in the auction procedure of this case.
On September 10, 2013, Defendant Dongdong Construction Co., Ltd. (hereinafter “Defendant Dongdong Construction”) entered into a contract with ELC Construction Co., Ltd. to construct a main complex building on the instant land by designating Defendant Dongdong Construction Co., Ltd. as a contractor for the construction of a main building.
Accordingly, from August 2013, Defendant Dongdong Construction is below the construction of a main complex building.