유치권 부존재 확인
1. The defendant shall be entitled to 1,590,000,000 won in respect of the real estate listed in the attached list as the secured claim.
1. Basic facts
A. C Co., Ltd. acquiring the right to collateral security (hereinafter “C”) concluded a credit transaction agreement with D Co., Ltd. (hereinafter “D”) and completed the registration of establishment of the right to collateral security (hereinafter “instant building”) on March 16, 2012 with respect to the real estate listed in the separate sheet owned by D (hereinafter “instant building”) as of March 16, 2012, in order to secure the above loan claims.
(hereinafter “instant collateral security”). B.
1) On December 9, 2014, the Plaintiff’s right to collateral security and the right to collateral security of this case 1) C is transferred to E (hereinafter “E”).
(2) On December 30, 2014, the Plaintiff acquired all rights and duties of E under the Asset-Backed Securitization Act from E pursuant to the Asset-Backed Securitization Act, and thereafter acquired the instant collateral security by notifying the assignment of claims and registering the transfer of assets under the said Act.
C. Voluntary auction procedure commencement of the instant building and reporting of the Defendant’s right of retention 1) The Plaintiff filed an application for voluntary auction of the instant building with the Gwangju District Court Net BranchF, and received voluntary auction decision on February 13, 2017. On the same day, the registration of the voluntary auction decision on the instant building was completed (hereinafter “instant auction procedure”).
(2) On September 13, 2017, the Defendant reported the right of retention by asserting that he/she acquired the claim for construction cost of KRW 1,590,000,000 against D by Company G (hereinafter “G”) at the instant auction procedure.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. The parties' assertion
A. Plaintiff 1) G’s claim for construction cost, which is the secured claim of the right of retention claimed by the Defendant that the Defendant acquired by transfer, is either nonexistent or excessive as a false claim. 2) G is a debtor, or H, an employee of D or D.