유치권부존재확인
1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.
2...
1. Facts of recognition;
A. The Plaintiff extended five loans to B Co., Ltd. (hereinafter “B”), and as of September 23, 2013, the balance and unpaid interest remains as indicated below.
On October 26, 2012, the Small and Medium Enterprise Facilities Fund 625,00,000,000,940,465 October 26, 2012; the Small and Medium Enterprise Fund 49,376,1912,419,519; October 31, 2012; the Small and Medium Enterprise Fund 5,000,000; the Small and Medium Enterprise Fund 50,624 on November 8, 2012; the Small and Medium Enterprise Fund 50,000,002,440,685; the Fund 20,000,000,000,000,002, 20,002, 20,02,19,749, 376, 196, 3719,37,416,49,429, etc.
B. In order to secure such loans, the Plaintiff set up a collateral on each real estate listed in the separate sheet (hereinafter “instant real estate”) with respect to the maximum debt amount of KRW 870 million, and a collateral security with regard to the obligor B, as indicated in the separate sheet.
(hereinafter “instant collateral security”). C.
As to the instant real estate, C’s application for voluntary auction on December 6, 2012, which is another collateral security right, had been completed and the registration of the commencement of auction was completed, and the auction procedure was in progress on December 6, 2012. At the Plaintiff’s application, the decision to commence auction was again rendered on July 16, 2013 to E, and the entry registration was completed on July 17, 2013.
(hereinafter referred to as the “instant auction procedure”) by combining two cases. D.
In the instant auction procedure on July 22, 2013, the Defendant reported a lien on each of the buildings listed in the separate sheet Nos. 2 and 3 (hereinafter “instant building”) to the effect that the Defendant is exercising a lien on the instant real estate in order to secure the construction cost of 438,086,420 won, and damages for delay thereof.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 to 3, witness F's testimony, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the Defendant did not construct the instant building and did not have a claim for construction cost as to the instant building.
In addition, the decision to commence the auction of this case is registered.