유치권부존재확인의 소
1.(a)
Attached Form
Defendant A Co., Ltd. relating to buildings listed in paragraph (1) of the list;
(b) A building listed in Appendix No. 11.
1. Facts of recognition;
A. 1) The National Federation of Fisheries Cooperatives (the National Federation of Fisheries Cooperatives) shall each of the buildings listed in the separate sheet owned by E (hereinafter “each of the buildings of this case”).
(2) On February 18, 2013, the National Federation of Fisheries Cooperatives filed an application for voluntary auction of each of the buildings of this case with the Incheon District Court F, which was the mortgagee, and the decision to commence voluntary auction was completed on March 6, 2013. On the same day, the registration of the decision to commence voluntary auction of each of the buildings of this case was completed on the same day with the purport of KRW 1.3 billion with respect to the debtor, E-mortgage, E-mortgage National Federation of Fisheries Cooperatives, and the maximum debt amount.
(3) During the instant auction procedure, the Plaintiff was wholly transferred the right to collateral security and its secured claim as set forth in paragraph (1) of the same Article by the National Federation of Fisheries Cooperatives.
B. The Defendants’ lien reporting 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).
On February 6, 2014, on the ground that there was a claim of KRW 72,70,000 for stone construction costs for each of the instant buildings, Defendant B reported a lien to the effect that he/she is exercising a lien on each of the instant buildings listed in paragraph (1) of the attached Table among the instant respective buildings. (2) Defendant B reported a lien to the effect that he/she exercises a lien on each of the instant buildings listed in paragraph (11) of the attached Table on April 11, 2014 on the ground that he/she has a claim of KRW 34,70,000 for a straw, sculpture, and waterproof construction costs for each of the instant buildings.
3 Defendant C exercises a lien on each of the buildings listed in Articles 3 through 10, 12 through 17, 19 through 21, and 23 through 25 of the separate sheet among each of the buildings of this case on April 21, 2014, on the ground that he/she has a claim of KRW 745,200,000 for the interior construction cost of each of the buildings of this case.