유치권 부존재 확인
1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.
2...
1. Basic facts
A. To secure a claim against the non-party C Incorporated Co., Ltd. (hereinafter “debtor”), the Industrial Bank of Korea completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 348,00,000 on June 2, 2015; ② the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 2,796,480,000 on the same day; ③ the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 840,000 on August 7, 2015; ③ the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 840,00,000 on June 2, 2015; ② the registration of establishment of a neighboring mortgage with the maximum debt amount of KRW 2,796,480,00 on June 2, 2015; ② the registration of creation of a new mortgage with the real property indicated in paragraph (2) of the attached list owned by the debtor company.
B. Afterward, the Industrial Bank of Korea transferred to the Plaintiff the above collateral security claim against the debtor company of the Industrial Bank of Korea.
C. On July 13, 2017, the Plaintiff filed an application for a voluntary auction of real estate (hereinafter “each of the instant real estate”) with respect to each of the instant real estate listed in the separate sheet (hereinafter “instant real estate”). On July 14, 2017, the said court rendered a decision to commence voluntary auction (hereinafter “instant auction procedure”), and on the same day, the registration of the decision to commence voluntary auction (No. 26775) was completed with respect to each of the instant real estate.
In the instant auction procedure, on April 24, 2018, the Defendant reported the right of retention on each of the instant real estate by designating KRW 375,700,000 as the secured claim, such as general repair of buildings, painting works, waterproof works, packing works, electrical construction works, landscaping works, etc. on the debtor company as the secured claim.
[Ground of recognition] Facts without dispute, Gap 3-6's statements, the purport of the whole pleadings
2. The parties' assertion
A. The summary of the Plaintiff’s assertion is that the Defendant asserted a lien based on the claim for construction cost against the debtor company regarding each of the instant real estate.