유치권부존재확인소
1. The defendant's appeal is dismissed.
2. The defendant bears the total costs of the lawsuit after the filing of the appeal.
purport, purport, and.
1. After remanding the case, the plaintiff at the first instance court against the defendant for the confirmation of the absence of the right of retention by the defendant on each real estate listed in the separate sheet No. 1 list. The first instance court accepted the plaintiff's claim in full, and the defendant appealed against the judgment of the first instance court.
The court prior to the remand accepted part of the defendant's appeal, and dismissed the plaintiff's claim as to the remaining part (hereinafter "unleased part of the building in this case") of the real estate in paragraph (1) and paragraph (2) of attached Table 2 among the first floor of the real estate in attached Tables 1, 2, 3, 4, 5, 6, 7, and 1 of land indication 1, 2, 4, 5, 6, and 1 of land in attached Tables 1, 2, 2, 3, and 3.
Therefore, the plaintiff appealed against the part of the judgment against the court prior to remand, and the judgment of remand reversed and remanded the part of the judgment against the plaintiff. Thus, the scope of the judgment prior to remand is limited to the part of the judgment prior to remand, i.e., the defendant's claim for confirmation of non-existence of right of retention concerning the portion of the building of this case.
2. Basic facts
A. Our bank (hereinafter “Korea bank”) completed the registration of establishment of a neighboring real estate on June 12, 2007 with respect to each real estate listed in the attached list No. 1 of the attached list No. 4 (hereinafter “instant land”), the real estate listed in the attached list No. 2 of the attached list No. 1 of the attached Table No. 4 (hereinafter “instant building”), the maximum debt amount of which was KRW 1,560,000,000, and the debtor D.
B. Since D failed to repay the above loans after the decision to commence the voluntary auction was rendered, the Bank applied for a voluntary auction on the instant land and buildings (hereinafter “instant auction”) to the Jeonju District Court Gunsan Branch E, and received the decision to commence the auction on February 17, 201, and completed the registration of the decision to commence the auction on the same day.
(c) Lien;