유치권부존재확인
1. It is confirmed that the defendant's lien as to each real estate listed in the separate sheet does not exist.
2...
1. Basic facts
A. The Plaintiff acquired the right to collateral security on each building listed in the separate sheet from the Industrial Bank of Korea, as a company that conducts asset-backed securitization business under the Asset-Backed Securitization Act.
B. The Plaintiff filed an application for voluntary auction on each building listed in the separate sheet owned by the subsidiary company of the agricultural company (hereinafter “subsidiary company”) and filed an application for auction on September 17, 2013. On the same day, the registration of the entry was completed.
C. In the above auction procedure on November 5, 2013, the Defendant reported the right of retention that the Defendant is exercising the right of retention on each of the above buildings in order to secure the claim for construction cost due to the installation of facilities, etc. for the disposal of by-products generated after the hulling of rice, etc.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings
2. Determination
A. In a lawsuit for passive confirmation, such as the instant legal doctrine, if the Plaintiff asserted to deny the fact that the cause of the right occurred by specifying the claim first, the Defendant, who is the right holder, is liable to assert and prove the fact that the right holder
(See Supreme Court Decision 97Da45259 delivered on March 13, 1998, etc.). In this case, even in the case, the defendant alleged as the lien holder must prove the requirements for establishing the lien, that is, the requirements for establishing the lien, that is, the existence of the secured claim, the fact that the secured claim has come due, the existence of the secured claim on the other party's goods, the fact that the secured claim occurred on the other party'
B. Determination 1) The secured claim of the right of retention for claims arising from the construction of the Wangdo and the Han River basin shall be the subject-matter thereof. Even if the Defendant asserted, the place where the Defendant installed the Wangdo and the Bhan River basin is each of the buildings listed in the separate sheet (as it is not the 2nd and 3nd factories, but the 1nd factories of the instant land).