유치권부존재확인
1. The Defendant reported February 12, 2015, as to the case of the voluntary auction of real estate A with the Suwon District Court Ansan Branch A, and the Defendant.
1. Basic facts
A. On November 25, 2010, the auction procedure (hereinafter “instant auction procedure”) took place on November 25, 2010 with respect to each real estate and factory machinery (hereinafter “each of the instant real estate, etc.”) listed in the separate sheet owned by Gyeong-gu Co., Ltd. (hereinafter “Gyeong-gu Co., Ltd.”).
B. On February 12, 2015, the Defendant reported the right of retention as the secured claim, asserting that he/she has a claim for construction cost equivalent to KRW 420,460,480 for the Gyeong-mixed at the instant auction procedure.
C. Meanwhile, on June 25, 2015, the Plaintiff acquired ownership of each of the instant real estate, etc. by obtaining a successful bid on each of the instant real estate, etc. and paying the price in full.
[Ground of recognition] Facts without dispute, purport of whole pleading
2. The parties' assertion
A. The Plaintiff’s assertion is not clear whether the claim for construction price against the Defendant’s public-private partnership is established or not, and the Defendant does not possess each of the instant real estate at present, and even if so, it does not continuously possess each of the instant real estate since it had been registered as to the decision on commencement of voluntary auction on each of the instant real estate since it did not continue to possess each of the instant real estate since it had been registered. Thus,
As such, there is no right of retention of the defendant.
B. The defendant's assertion is that the defendant has a claim for the payment of the construction cost against the Morse under the contract for the installation of the 1, 2 Dr. on the land of each of the instant real estate from Morse Port, as well as that the defendant has continuously occupied each of the instant real estate and exercised the right of retention. Thus, the defendant's right of retention exists.
3. Determination
A. In the lawsuit of passive confirmation, such as the instant legal doctrine, the Plaintiff is the right holder if the Plaintiff asserted to deny the fact that the cause of the right occurred by specifying the claim first.