유치권 부존재 확인
1. It is confirmed that the defendant's lien does not exist as to the real estate listed in the attached list.
2...
Basic facts C Co., Ltd. (hereinafter “C”) is the owner of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and the land listed in paragraph (1) of the separate sheet is the “instant land” and the building listed in paragraph (2) of the separate sheet.
On November 19, 2014, the Plaintiff entered into a mortgage agreement with the debtor D (C representative director), the maximum debt amount of KRW 150,000,00 with respect to each of the instant real estate. On the 20th of the same month, the Daejeon District Court’s registration of the establishment of the right to collateral security was completed under Article 16821, and on August 9, 2016, the Plaintiff filed an application for voluntary auction of each of the instant real estate with the Daejeon District Court E on the same day. The decision to commence voluntary auction was rendered by the said court on the same day. The registration of the decision to commence voluntary auction was completed under Article 1282 of the Geumsan District Court’s receipt of August 10, 2016.
(hereinafter) On January 5, 2017, the Defendant filed a lien report on each of the instant real estate by asserting that C had a claim for construction cost of KRW 991,150,000, based on the new construction of the instant building and the interior (name of construction: F) with respect to the instant auction procedure on January 5, 2017.
[Reasons for Recognition] The summary of the Plaintiff’s assertion of the purport of the Plaintiff’s assertion by the parties as to Gap’s evidence Nos. 1 through 4 and the entire pleadings does not hold a claim for construction price against C. Even if the Defendant’s claim for construction price is recognized, the Defendant does not possess each of the instant real estate, and thus there is no Defendant’s right of retention
The main intent of the Defendant’s assertion is C and the construction contract, and a promissory note approved by C with the construction cost is deemed to possess each of the instant real estate under the suspension of the construction work due to C’s default on payment of the construction cost.
. Determination.