유치권 부존재 확인
1. The defendant who takes 160,000,000 won as the secured claim for each real property listed in the separate sheet as to each real property.
1. Basic facts
A. The Plaintiff, as a mortgagee of each real estate listed in the separate sheet owned by C Co., Ltd. (hereinafter “Nonindicted Company”) and filed an application for an auction to exercise the security right with the Jeonju District Court’s branch branch D. On May 13, 2019, the decision to voluntarily commence the auction of each of the instant real estate was completed on May 13, 2019.
(hereinafter “instant auction procedure” with respect to the auction procedure following the said decision to commence voluntary auction.
On August 9, 2019, the Defendant filed a report on the right of retention with the purport that he/she exercised the right of retention by making the claim of KRW 160,00,000 for the construction cost as the secured claim, in the instant auction procedure, against the fact that he/she conducted the heating, cooling, equipment project, and low temperature storage construction on each of the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 6 to 9, purport of the whole pleadings
2. The parties' assertion
A. It is uncertain whether the Defendant alleged that each of the instant real estate was located in heating, cooling, and low temperature storage works, and there is no fact that the Defendant occupied each of the instant real estate.
Therefore, I want to confirm that there is no right of retention of the defendant.
B. The Defendant’s assertion: (a) the first construction on each of the instant real estate was conducted by the Nonparty Company around May 2016; and (b) the Defendant did not receive KRW 125,00,000,000, in total of the construction cost for heating and cooling and hydrotension air-conditioning equipment, which was conducted from February 15, 2017 to March 15, 2017, as additional construction from the Nonparty Company; and (c) the construction cost for the low temperature storage (unfashion cooling room) executed from January 25, 2018 to January 29, 2018; and (d) the amount of KRW 25,00,000, in total, KRW 160,000,000 for replacement of two air-conditioning machines from August 15, 2018.
The Defendant, from November 26, 2018, prior to the commencement of the auction of this case, has occupied each of the instant real estate by attaching a unit and sign to each of the instant real estate and occupying the equipment built by the Defendant.