beta
(영문) 춘천지방법원 2016.01.14 2015가단50449

유치권부존재확인

Text

1. As to A real estate auction case in Chuncheon District Court A, steel against the defendant corporation on October 21, 2014

Reasons

1. Basic facts

A. As a creditor against B, the Plaintiff was created with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant buildings”), the right to collateral security of KRW 630,500,000 on December 19, 2013.

B. On June 12, 2014, the Plaintiff applied for a voluntary auction of each of the instant buildings to Chuncheon District Court A (hereinafter “instant auction”), and received a decision to commence voluntary auction on June 12, 2014, and the entry registration of the decision to commence voluntary auction was completed on the same day.

C. On October 21, 2014, the Steel Co., Ltd. (hereinafter “Defendant Steel”) reported the right of retention to the effect that at the instant auction procedure, Defendant Steel Co., Ltd (hereinafter “Defendant Steel”) has a claim for the supply price of steel and temporary materials equivalent to KRW 92,118,358 against B.

On October 29, 2015, Defendant Dongyang Construction Co., Ltd. (hereinafter “Defendant Dongyang Construction”) reported the right of retention that Defendant Dongyang Construction Co., Ltd. (hereinafter “Defendant Dongyang Construction”) has a claim for construction price as a contractor who was awarded a contract for construction of each of the instant building from B from the auction procedure of this case.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 2, 3, 6, 9 (including each number), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendants alleged by the Plaintiff did not possess or manage each of the instant buildings prior to the decision on commencing the instant auction. As such, there is no lien on each of the instant buildings.

Furthermore, the Defendant’s steel claims are merely goods-price claims and do not have any relation.

B. At the request of B, the owner of each of the respective buildings of this case against the Defendant 1, the owner of the building of this case, supplied steel and leased temporary materials to the new construction site. There was KRW 76,378,358 for the supply price of each of the buildings of this case, and since the registration of the decision on commencing auction of this case was completed, the Defendants occupied and managed each of the buildings of this case by entrusting C with possession from before the registration of the decision on commencing auction of this case was completed.