beta
(영문) 대구지방법원 포항지원 2021.02.04 2020가합181

유치권 부존재 확인

Text

On August 2019, the Daegu District Court rendered a voluntary auction of real estate C in the case of voluntary auction of real estate.

Reasons

Basic Facts

The status of the parties concerned and the pertinent Plaintiff are creditors and creditors of D and E joint owners of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and financial institutions voluntarily applying for an auction on each of the instant real estate. The Defendant is a person who leased the land and buildings listed in the separate sheet Nos. 1 and 2 from D and E (hereinafter “Mael site and building”).

On November 17, 2017, the Plaintiff made a loan to D and the establishment of the right to collateral security against D. For this purpose, the Plaintiff completed the registration of the establishment of the right to collateral security against each of the instant real estate, which was received on November 17, 2017, No. 82213, Nov. 17, 2017.

D and the Defendant entered into a lease contract between D and E on February 2, 2019, between D and E, with a deposit of KRW 120 million, monthly rent of KRW 220 million, and between January 31, 2020.

Since then, the defendant completed the registration of the establishment of the right to lease on a deposit basis of KRW 120 million and began to possess it.

On July 16, 2019, the Plaintiff filed an application for voluntary auction with D for the said obligation with respect to each of the instant real estate on July 16, 2019, and the court rendered a decision to commence the auction procedure on July 17, 2019 and seize each of the instant real estate ( Daegu District Court Port Support C). On August 6, 2019, the Defendant who reported the Defendant’s lien reported the lien of KRW 370 million at the above voluntary auction procedure.

[Based on recognition, in case of a passive confirmation lawsuit on the grounds of a claim as a whole, the statement in Gap evidence Nos. 1 through 6 (including the number of claims) and the entire argument, if the plaintiff claims to deny the fact that the cause of the claim occurred by specifying the claim first, the defendant is the legal relationship.