유치권부존재확인청구
1. It is confirmed that there is no lien on the Defendant with respect to the forest B forest No. 57,626 square meters in Chungcheongnam-gun, Chungcheongnam-gun.
2...
1. Basic facts
A. On December 30, 2009, the Defendant created a loan and mortgage (1) with the Plaintiff’s employee who was not granted C’s power of representation on December 30, 2009, and 57,626 square meters of forest land B in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant owned (hereinafter “instant forest land”).
(2) On December 30, 2009, D concluded a loan transaction agreement between the Plaintiff and C to lend KRW 620,000 to the Plaintiff (hereinafter “the instant loan agreement”) and the Defendant’s forest land in this case owned by the Defendant, etc., and registered the establishment of a mortgage under the Plaintiff’s name as to the instant forest land in this case owned by the Defendant.
(3) On December 30, 2009, D transferred KRW 283,50,000 out of the above loans to the Defendant as the remaining payment for the instant forest land. (4) On January 5, 2010, D transferred the ownership transfer registration for the instant forest land under the name of C on December 30, 209, for sale as of December 30, 2009.
B. On May 11, 2010, the head of Geumsan Gun notified the Defendant of an order for prevention of disasters under Article 38 of the Management of Mountainous Districts Act and Articles 36 and 45 of the Enforcement Decree of the same Act with respect to the forest of this case. The Defendant, on May 26, 2010, issued a written confirmation as follows, and on June 25, 2010, issued to Kyun Chang Construction Co., Ltd. with respect to the forest of this case (hereinafter “the instant construction”).
D) From July 1, 2010 to July 31, 2010, the construction cost of the instant forest was set at KRW 95,346,00, and the construction period was set at KRW 95,346,00, and the period of construction was set at July 1, 2010. D is confirmed as follows as C’s representative. It is confirmed that even if the Defendant performs civil and criminal construction works of the instant forest, D will not be held liable for civil and criminal liability. 2) After July 6, 2010, D prepared and issued a written confirmation to the Defendant, and the said written confirmation was accompanied by a copy of D’s identification.
D seems to be a clerical error in C’s delegating person, “Mandatary” or “agent”.
(b).