유치권부존재확인
1. The defendant's appeal is dismissed.
2. The defendant bears the total costs of the lawsuit after filing the appeal.
purport, purport, and.
1. Basic facts
A. From June 25, 2007 to July 27, 2010, the Plaintiff created multiple collateral security regarding each real estate [Attachment Table 1] owned by the Plaintiff (hereinafter “real estate 1”).
B. On October 10, 201, the decision to commence compulsory sale of real estate on October 1, 201 upon the application of the National Agricultural Cooperative Federation of the first instance trial was made and the entry on the same day was completed.
In this auction procedure on March 2, 2012, the Defendant completed construction on the first real estate on July 24, 2010, but was not paid KRW 3,636,348,30 of the construction cost of KRW 4,05,669,300, and the Defendant among the first real estate was not paid KRW 2, 4 through 7, 9 through 16, 18 through 21, and 24 of the real estate (hereinafter “second real estate”) in accordance with the Defendant’s report of right to retention (Evidence 2) of the object under the Defendant’s report of right to retention (Evidence 2) appears to be a clerical error in J.
Since it occupies B, there is a lien with respect to the claim for the construction cost of KRW 3,636,348,300 as the secured claim.
‘The right of retention was asserted as ‘the right of retention' and reported.
C. Since then, upon the Plaintiff’s application, the decision to commence voluntary auction was rendered as D with respect to the real estate No. 1 on March 7, 2012, and the entry registration was completed on March 8, 2012, and double auction was commenced.
After the judgment of the first instance court of this case, the National Agricultural Cooperative Federation received the repayment of the debt from B during the appellate trial, and withdrawn the lawsuit on July 24, 2013, and then withdrawn the application for the auction of Hongsung branch of the Daejeon District Court.
[Ground of recognition] In the absence of dispute, Gap evidence 1-1, 2, Gap evidence 2, Eul evidence 7-1 through 24, Eul evidence 16-1, 2, Eul evidence 17, Eul evidence 33 and 34-1, 2, and the purport of whole pleadings
2. Chief;
A. The secured claim of the right of retention asserted by the original and the defendant does not hold the most false claim, and the defendant is not a creditor and does not possess the second real estate.
There is no right of retention for the defendant.