유치권부존재확인
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 20, 2007, the Nonghyup Bank Co., Ltd. (hereinafter “C”) completed the registration of creation of superficies as the receipt of No. 105179 on November 20, 207, with respect to each real estate listed in the separate sheet (hereinafter “instant land”) on November 20, 2007, in order to secure the loan claims against C Co., Ltd. (hereinafter “C”). < Amended by Act No. 105178, Nov. 20, 2007; Act No. 105179, Nov. 20, 2007.
B. On June 21, 2012, the Nonghyup Bank applied for a voluntary auction on the instant real estate, and rendered a voluntary decision to commence the auction to the High Government District Court Goyang Branch D (hereinafter “instant auction procedure”) on June 21, 2012, and the next day the registration of the decision to commence the auction was completed.
C. Around August 9, 2012, the Nonghyup Bank transferred the Plaintiff’s loan claim against the Plaintiff. On September 26, 2012, the Plaintiff transferred the right to collateral security and superficies of the instant land from the Nonghyup Bank, and subsequently, transferred the status of an applicant creditor from the Nonghyup Bank during the instant auction procedure.
On the other hand, in the instant auction procedure, Defendant B reported the lien of KRW 1,045,00,000 against C on August 3, 2012, and the Defendant A Co., Ltd (hereinafter “Defendant A”) reported the lien of KRW 1,571,10,000 against C on September 3, 2012 as each secured claim.
[Ground of recognition] Facts without dispute, Gap evidence 1, 5, 6 (including branch numbers, hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The Plaintiff’s assertion (1) The claim for construction cost, which is the secured claim of the right of retention reported by the Defendants, does not exist, or only a part thereof exists.
(2) Even if the claim for construction cost exists, the Defendants did not occupy the instant land.
B. (1) Determinations are written in Gap's Evidence Nos. 2, 3, 4, 8, 9, and Eul's Evidence Nos. 2 through 5.