유치권부존재확인
1. It is confirmed that each real estate listed in the separate sheet does not have any lien against the Defendants.
2...
Basic Facts
As to each real estate listed in the separate sheet owned by C (hereinafter “instant real estate”), the Plaintiff completed the registration of creation of a mortgage over the maximum debt amount of KRW 1,105,00,000 on July 31, 2009 by designating the Plaintiff as the mortgagee and C as the debtor.
The plaintiff applied for an auction to exercise a security right to the real estate of this case and received a voluntary decision to commence auction as D from this court.
(B) On January 4, 2013, Defendant A filed a lien on the instant auction procedure, claiming that C has a claim for the construction cost of the second floor extension of KRW 120,000,000 with respect to the instant real estate, and Defendant B Co., Ltd (hereinafter “B”) had a claim for the construction cost of KRW 120,000,000 for the instant real estate, the construction cost of the third floor extension of KRW 120,000,00 for capital and the repair and repair of capital, and the construction cost of underground tank repair.
[Grounds for recognition] The non-contentious facts, Gap evidence Nos. 1 and 3 (if the land number is included; hereinafter the same shall apply), the defendant's assertion as to the claim against the defendant A as to the purport of the entire pleadings, the defendant's assertion as to the claim against the defendant A on February 10, 200, the defendant A decided to extend the above construction cost to the second floor of the building area of 45 square meters, and the construction cost of 120,000,000 won shall be borne by the defendant A, and the defendant A decided to lease the above construction cost in lieu of the lease deposit, until the above construction cost is paid by Eul.
Defendant A completed the above construction on March 28, 2001, and occupied the instant real estate after residing in the above extension until now.
Therefore, the defendant A has secured the right of retention, and he occupies the real estate of this case.
Judgment
In a passive confirmation lawsuit, if the plaintiff first claims that the cause of the right, etc. is denied by specifying the rights or legal relations which are the subject matter of the lawsuit, the defendant shall be responsible to assert and prove the fact of the requirements such as the right.