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(영문) 광주지방법원 목포지원 2017.01.11 2016가단53884

유치권부존재확인

Text

1. It is confirmed that the defendant's lien does not exist with respect to the real estate listed in the attached list.

2...

Reasons

Attached Form

On November 3, 2015, the auction procedure of B real estate in this court was initiated on November 3, 2015, and the defendant reported a lien of KRW 52,382,00 as the secured debt in the above procedure. Accordingly, there is no dispute that the plaintiff alleged that there is no right of retention of the defendant. As such, the defendant must prove the facts establishing the requirements for establishing the right of retention, such as that he occupied the real estate listed in the separate sheet before the date of the entry of the decision on commencement of auction registration. It is insufficient to recognize that the defendant had occupied the real estate listed in the separate sheet prior to November 3, 2015, which is the date of the entry of the decision on commencement of auction registration, and there is no other evidence to acknowledge otherwise, the plaintiff's claim of this case, claiming the absence of a right of retention, shall be cited for the reasons