유치권부존재확인
1. The defendant's lien shall be applied to each real estate listed in the Schedule 1., and machinery and equipment listed in the Schedule 2.
1. Basic facts
A. From September 30, 2009 to August 22, 2013, the Plaintiff loaned KRW 1,581,128,000 in total to SeowonSM Co., Ltd. (hereinafter “SSM”).
In order to secure the above loan claims, the Plaintiff set up a collateral on January 31, 2013 with respect to each of the real estates listed in the separate sheet No. 1, which owned Seowon EM (hereinafter “each of the instant real estates”), which is the maximum debt amount of KRW 1,293,600,000.
In addition, on August 22, 2013, the Plaintiff set up a collateral security right, which amounts to 240,000,000 of the maximum debt amount, against the machinery and appliances listed in the separate sheet No. 2, which were owned by the Seowon EM (hereinafter “instant movable”).
B. On November 18, 2014, the Plaintiff filed an application for a voluntary auction on each of the instant real estate A with the Chungcheong District Court Decision A, and received the said decision to commence the auction.
(However, in the case of the real estate listed in Section 4 of the List No. 1, the application for auction was withdrawn on December 11, 2014, and the registration of the decision on voluntary commencement of auction was cancelled on the same day). In addition, the Plaintiff filed an application for auction on the instant movable property with the Chungcheong District Court Decision No. 2014No86 (No. 2014).
C. The Defendant asserted that each of the instant real property and the instant movable property were concluded with the Western EM, and possessed and used it.
On January 14, 2015, the Defendant reported the lien of which the secured debt is KRW 58,750,000, the amount equivalent to the beneficial cost under the lease agreement or the necessary cost, in the auction case on each of the instant real property.
In addition, on January 20, 2015, the Defendant reported the lien on the instant movable by designating KRW 64,570,000 as the secured claim in the instant movable property, as the secured claim, in the said auction case involving the instant movable property.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6 and the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion is that the Defendant entered into a lease agreement on each of the instant real estate with the Seocho SM.