유치권부존재 확인 및 건물명도
1. Ascertainment that there is no lien for each real estate listed in the separate sheet No. 1 by Defendant B.
2...
Basic Facts
A. On May 27, 2015, the Plaintiff completed the registration of ownership transfer with respect to each real estate listed in the separate sheet No. 1 (hereinafter “instant land”) and each building listed in the separate sheet No. 2 attached hereto (hereinafter “instant building”).
B. On the other hand, on January 2, 2015, on the instant land, etc., a voluntary auction ( Jeju District Court E) was decided upon upon the application for commencement of voluntary auction by the king Credit Cooperatives, which is a collateral security right. In the above auction procedure, F reported that the instant land, etc. had a lien of KRW 85,512,30 regarding the suspended work cost, and the said voluntary auction was terminated by withdrawal.
C. The Defendants currently occupied the instant land while residing in the instant building.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's Evidence Nos. 1, 2, 4, 6, and 9, and the purport of the whole pleadings, as to the land of this case, defendant Eul's assertion that the plaintiff had a claim for construction price as to the land of this case, and the right of retention as to the land of this case is possessed, and is residing in the building of this case with defendant C and defendant D, the wife
However, since Defendant B’s claim for the construction cost of the instant land is not related to the instant land, as well as the period of three years has already expired, Defendant B’s lien on the instant land is nonexistent, and the Defendants are obliged to deliver the instant building to the Plaintiff.
The Defendants’ assertion F delegated Defendant B with the exercise of a lien on the instant claim against G on October 1, 2012, even if construction work was completed from November 6, 201 to September 30, 2012 after being awarded a contract for the suspension of the instant land by G, and the construction work was completed from November 6, 2011 to September 30, 201.
Since then on March 29, 2017, F notified the transfer of the above credit to Defendant B, Defendant B exercises the right of retention, and Defendants have the right to possess the building of this case.
. Determination.