유치권부존재확인
1. It is confirmed that the defendant's lien does not exist with respect to the real estate listed in the attached list.
2...
1. Basic facts
A. On July 23, 2010, the Plaintiff completed the registration of establishment of a collateral security right of KRW 2,90,000 with respect to the real estate indicated in the attached list owned by the instant church (hereinafter “instant real estate”) and the real estate indicated in the attached list owned by the instant church (hereinafter “instant church”) and KRW 332,32,00,000,000,000, in order to secure it by lending money to the B church (hereinafter “instant church”) and to secure it.
B. The Plaintiff, based on the foregoing right to collateral security, filed an application for voluntary auction on the instant real estate, etc. (hereinafter “instant auction”). On January 18, 2016, the said court rendered a decision to voluntarily commence auction and completed the registration of the entry of the decision to commence auction on the same day.
C. On April 7, 2016, when the auction procedure of this case was in progress, the Defendant reported a lien on the instant real estate on the ground that the auction court reported the instant claim for KRW 50,600,000 for the total amount of KRW 33,00,000 for the remodeling project costs of J childcare centers and KRW 17,60,000 for financial costs and KRW 17,60,000 for financial costs.
[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 4 evidence, purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff asserted that the plaintiff did not have a claim asserted by the defendant, and even if it exists, there is no relation between the real estate of this case and the real estate of this case, and the defendant did not possess the real estate of this case until the registration of the entry of the decision on commencing auction of this case is completed, so the right of retention claimed by the defendant cannot be deemed to exist.
In regard to this, the Defendant agreed to operate the J Child Care Center operated in the instant real estate with the instant church, and disbursed KRW 33,00,000 as remuneration costs for the J Child Care Center. Thus, the Defendant is a legitimate lien holder with the secured claim.