유치권부존재확인
1. It is confirmed that there is no lien for the defendant with respect to the building listed in the annexed sheet.
2. The costs of lawsuit shall be.
1. Basic facts
A. The Plaintiff received a provisional attachment order of KRW 400,00,000 (Seoul Central District Court 2013Kadan596888) with respect to the buildings listed in the separate sheet owned by Nonparty B (hereinafter “instant building”). After completing the provisional attachment registration as of August 16, 2013, Hongcheon Registry (Seoul District Court 2013Kadan59688), the Plaintiff filed an application for compulsory auction under this Court C with this Court. On October 2, 2014, the Plaintiff was currently undergoing the compulsory auction procedure (hereinafter “instant auction procedure”).
[B Voluntary auction procedure commenced on February 20, 2014 upon the application of the Korea Asset Management Corporation, which is the right to collateral security (this court D; hereinafter referred to as "prior auction procedure").
(B) On December 19, 2014, the prior auction procedure was concluded on December 19, 2014 as the withdrawal of the application.
On February 9, 2015, the Defendant reported the lien of KRW 450,000,000 for the unpaid construction cost of the instant building at the instant court as the secured claim.
[Ground of recognition] Facts without dispute, Gap evidence 4, 5, Gap evidence 8-1, Gap evidence 10, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserts that the Defendant’s claim for construction price as to the instant building does not exist, and that the Defendant does not occupy the instant building, and thus, the Defendant’s right of retention as to the instant building cannot be acknowledged, and that there is no right of retention as to the instant building.
B. On January 6, 2009, the Defendant entered into a remodeling, interior, and appurtenant construction contract between B and B, the owner of the instant building, with the construction cost of KRW 480,000,00, and received KRW 30,000 as an advance payment, and completed the instant construction around April 2009 and delivered the instant building to B. As such, the Defendant was 450,000,000 = in relation to the instant building.