유치권부존재확인
1. Ascertainment that the defendant's lien does not exist with respect to each real estate listed in the separate sheet.
2...
1. Basic facts
A. C Co., Ltd., the mortgagee of each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”), filed an application for voluntary auction of each of the instant real estate with the Daejeon District Court D and E (combined). The auction court accepted the application and rendered a decision on commencing the auction procedure on July 20, 2016, and on the same day, the entry registration of the decision on commencing the auction was completed with respect to each of the instant real estate.
(hereinafter “instant auction procedure”). B.
The results of the investigation into the present auction procedure conducted on July 26, 2016 and July 27, 2016 from the enforcement officer’s possession, etc. of each of the instant real estate stated that the Defendant, who received a supply of new apartment construction works listed in attached Tables 2 and 3 (hereinafter “instant apartment”) and carried out such construction works, shall be deemed to have exercised the right of retention.
C. On May 8, 2018, the Plaintiff received a decision to permit the sale of each of the instant real estate at the instant auction procedure, and paid in full the sale price on August 27, 2018. On the same day, the Plaintiff completed the registration of the transfer of ownership as Seosan Branch of the Daejeon District Court No. 32803.
On September 12, 2018, the Plaintiff filed an application with the Daejeon District Court for a real estate delivery order with the FF Co., Ltd. G, G, H, limited liability company I (hereinafter “I”), J (hereinafter “J”) and K (hereinafter “F, etc.”) to whom the Plaintiff reported the right of retention as the secured claim for the construction cost of each of the instant real estate at the instant auction procedure, on September 12, 2018. On February 21, 2019, the said court rendered a decision that “six persons, including F, etc., have occupied each of the instant real estate after the entry of the decision of commencement of auction was registered, or have occupied each of the instant real estate.”
I, J and K appealed appealed with the Daejeon District Court 2019Ra91, but on June 14, 2019.