유치권 부존재 확인의 소
1. At the request of an exchange change in the trial, the Defendant’s as to the real estate stated in the separate sheet.
1. Facts of recognition;
A. B, on December 19, 2014, completed the registration of ownership transfer based on the sale of real estate listed in the separate sheet (hereinafter “instant building”) on the grounds of sale, and entered into a loan transaction agreement with the Plaintiff on January 6, 2015 for the construction of substantial repair of the instant building with the maximum amount of KRW 650,000,000, for the purpose of substantial repair of the instant building.
On the same day, the Plaintiff set the right to collateral security of KRW 845,000,000 for the instant building.
B. B contracted the instant building construction to Sambu General Construction Co., Ltd. on April 22, 2015, and the Defendant accepted some of the construction works from Sambu General Construction Co., Ltd., and upon the discontinuance of the said construction, B entered into a contract on May 1, 2015 directly with the Defendant for the substantial repair of the instant building (hereinafter “instant construction”).
C. The husband F of B applied for additional loans to the Plaintiff in order to raise the instant construction cost, and the Plaintiff entered into a loan transaction agreement with B on June 22, 2015 with the maximum amount of KRW 200,000,000, and the Plaintiff additionally set the right to collateral security of KRW 260,000 on the instant building.
On June 23, 2015, the Defendant drafted to the Plaintiff a letter of waiver of the right of retention and a letter of performance of the completion of the responsibility (hereinafter referred to as “each of the instant notes”) with the following content.
B and the Plaintiff have entered into a construction contract as a genuine doctor after undergoing lawful procedures under the circumstances of accurately understanding the legal and factual meaning of each provision of the credit transaction agreement between B and the Plaintiff and closely examining the impact on us.
We would not waive any lien, construction-related rights, exercise of authority, etc. in connection with the instant construction works, and would not raise any civil or criminal objection, lawsuit, or any other civil petition.
In addition, the right to the lien shall not be transferred to another person with or without compensation.