유치권확인
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The following facts may be acknowledged, either in dispute between the parties or in full view of the entries and arguments in Gap evidence 3-1 and Eul evidence 10 and the whole purport of arguments:
On April 27, 2012, with respect to the instant real estate owned by the continental ethyl Co., Ltd. (Embrypt Co., Ltd. and changed from the Embrym Co., Ltd to the above trade name on June 26, 2012; hereinafter “Ebryp Co., Ltd.”), the registration of creation of a neighboring mortgage was completed on April 27, 2012, where the mortgagee of the right to collateral security owned the company, the debtor, the non-party company, and the maximum debt amount at KRW 2,030
B. On January 17, 2013, Geumcheon Agricultural Cooperatives filed an application for voluntary auction of the instant real estate with the Suwon District Court Suwon District Court C, and received a decision on commencing auction on January 18, 2013 (hereinafter “instant auction procedure”), and the entry registration of the decision on commencing auction was completed on the same day.
C. The Defendant purchased the instant real estate at the instant auction procedure, and completed the registration of ownership transfer after full payment of KRW 1,857,60,000 for the sale price on August 26, 2013.
2. Summary of the plaintiffs' claims
A. On March 12, 2012, Plaintiff Company received a contract for factory remodeling works, civil engineering works, and concrete packaging works for the instant real estate from Nonparty Company, and D, E, E, and F did not receive KRW 463,395,00 out of the construction cost, even though they completed construction works by being subcontracted part of the said construction works from the Plaintiff Company. Since Plaintiff B, who received a claim for construction cost from the Plaintiff Company and D, occupy the instant real estate in order to secure the aforementioned unpaid claim for construction cost, Plaintiff B acquired the instant real estate in order to secure the aforementioned unpaid claim, there exists a lien against the Plaintiffs on the instant real estate as the secured claim of KRW 270,000,000, which is a part of the construction cost.
B. As above, the conjunctive claim amounting to KRW 270,000,000 as the secured claim is against the Plaintiffs.