유치권부존재확인
1. The part against the plaintiff among the part against the defendants of the judgment of the court of first instance shall be revoked.
2. The separate sheet shall be set out.
1. On August 22, 2006, E purchased buildings listed in the annexed list of S large 470 square meters and its ground (hereinafter “instant building”) in the auction procedure at the time of the voluntary auction on August 22, 2006, by referring to the above land and buildings, and referring to the “instant real estate”).
(A) On August 19, 2008, each registration of ownership transfer was completed as a sectioned building. On February 20, 2008, the Warsaw system, Co., Ltd., a collateral security right holder of the instant real estate, filed an application for an auction of real estate rent with the Gwangju District Court Seocheon Branch of Gwangju District Court on February 20, 208. At the above auction procedure, G Co., Ltd. (hereinafter “G”) filed a report on the lien with the limited liability company (hereinafter “G”), KRW 82.5 million, Sungsan Co., Ltd. (hereinafter “Sungsan”), KRW 88.9 million, and Hanjin Power Co., Ltd. (hereinafter “Seojin power”) filed a report on the lien of which the claim for construction price is KRW 131.56 million as the secured claim.
On June 27, 2008, the Plaintiff completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 1.82 billion in the instant real estate. On July 1, 2008, the Plaintiff borrowed KRW 1.4 billion to E on or around July 1, 2008, and submitted each letter of waiver of possession of the right of retention (each of the above documents was prepared by I who was delegated the possession of the right of retention from the above companies) from G, Pungsan and Hanjin Power.
The Warsaw system, Inc., was repaid his claim from the above loans, and withdrawn the above voluntary auction application on July 1, 2008.
E, upon delinquency in the repayment of the above loan, on January 27, 201, the Plaintiff filed an application for a voluntary auction on the instant real estate with K on the said net support date. At the above auction procedure, G reported the lien on behalf of the construction company as the secured claim amounting to KRW 79.32 million on May 17, 2011 (G 2.2.56 million won, Pungsan 54 million, Hanjin-gun 68 million, Hanjin-gun 36 million, Hosung Construction 36 million, and Cho Jae-soo Co., Ltd. in the first instance trial reported the lien on behalf of the construction company as the secured claim amounting to KRW 80 million.
Accordingly, on June 28, 201, the Plaintiff against G.