유치권 부존재 확인
1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet;
2...
1. Basic facts
A. On November 30, 2015, the Plaintiff and the Intervenor’s acquisition of the right to collateral security (1) is limited to each real estate listed in the separate sheet on November 30, 2015 (hereinafter “each of the instant buildings”).
(2) On January 19, 2015, the obligor H, the maximum debt amount of which was 403,000,000 square meters, and the establishment registration of a mortgage was completed in the order of 2,000,000 (the maximum debt amount of which was 150,000,000). On October 18, 2015, the E association was divided into the obligor H, the maximum debt amount of which was 403,00,000 square meters, and each of the above lands was divided into F, the F, 415 square meters, the I, the 48 square meters, and 177 square meters before J (hereinafter “each of the instant lands”).
On August 6, 2018, the supplementary intervenor filed a supplementary registration of the transfer of the right to collateral security with respect to each of the instant lands on July 12, 2018.
B. On June 26, 2017, the decision to commence the auction and its entry registration 1) on each of the instant lands was rendered by the Cheongju District Court on the application of the E Union on June 26, 2017. On the same day, the registration of the voluntary decision to commence the auction was made. 2) On each of the instant buildings, the decision to commence the auction was rendered on August 3, 2017 by the Cheongju District Court on the application of L and M, which was the first collateral security right, and the registration of the voluntary decision to commence the auction was completed
3) On January 15, 2018, the N case of the foregoing paragraph (1)-2 (K) was consolidated (hereinafter “instant auction procedure”).
(C) In the instant auction procedure, the progress of the auction procedure and the Defendant’s lien report 1), the Intervenor succeeded to the status of E Union on August 16, 2018, and the Plaintiff was determined to grant permission for the highest provisional sale on March 13, 2019, and was decided to revoke the permission for the highest provisional sale on April 12, 2019.
2. Meanwhile, on March 26, 2019, the Defendant alleged to the effect that “the person who performed the structural construction of each of the instant buildings on July 15, 2018 and was not paid a claim for the construction cost,” and that the secured claim is KRW 173,00,000.