유치권부존재확인의 소
1. Of the instant lawsuits, the claim for the confirmation of existence of a lien on each real estate listed in paragraphs 1 through 5 and 7 of the attached list.
1. Facts of recognition;
A. On July 8, 2011, Korea Bank concluded a mortgage agreement on each real estate listed in the separate sheet with the common industry of the company, the company, etc., and completed the registration of the establishment of a collateral for the same day as the maximum debt amount, the amount of KRW 480 million, and the amount of KRW 480,000,000,000.
B. On January 10, 2014, upon the registration of the establishment of the above mortgage, our bank applied for voluntary auction on each real estate listed in the separate sheet. Accordingly, the decision of voluntary auction was rendered on January 14, 2014, and the entry registration of the decision of voluntary auction was completed on the same day.
(F) Daegu District Court B, hereinafter “instant auction procedure”).
On June 24, 2010, the Defendant filed a lien report on the instant building at the auction procedure on March 26, 2014, in order to receive the payment of KRW 180,000,000 out of the construction price, after being awarded a contract for the new construction of KRW 280,000,000 for the construction cost of the instant building as stated in attached Table 6 (hereinafter “instant building”).
On the other hand, on March 28, 2014, the Plaintiff acquired the instant right to collateral security from the Bank of Korea, and on April 4, 2014, the Bank of Korea sent a notice of the transfer of collateral to the commercial industry to the commercial industry.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 11 through 14 (including provisional number), Eul evidence 33-1, the purport of whole pleadings
2. We examine whether the part concerning the claim for the confirmation of existence of lien on each real estate listed in the separate sheet Nos. 1 through 5, and 7 among the instant lawsuits is lawful ex officio, as to the part concerning the claim for the confirmation of existence of lien on each real estate listed in the separate sheet Nos. 1 through 5, and 7 among the instant lawsuits.
A lawsuit for confirmation shall be any right or law.