유치권확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On March 26, 2007, the Industrial Bank of Korea extended KRW 675,00,000 to the Defendant, and was set up a collateral on the buildings listed in attached Table 1.
B. On December 30, 2009, the Defendant contracted the Plaintiff with a construction project to extend the part indicated in the attached Table No. 2 (hereinafter “instant building”) of the building indicated in the attached Table No. 1 to the Plaintiff.
C. On August 17, 2011, the Industrial Bank of Korea received a decision to voluntarily commence the auction from another branch court of the Jeonju District Court as to the buildings listed in Paragraph (1) of the Attached List No. 1, and completed the registration of the entry of the said decision
On December 20, 2011, the Industrial Bank of Korea transferred the above-mortgaged mortgage claim to the infant-backed securitization specialist, and notified the Defendant of the assignment of the claim on December 21, 201.
On January 2012, the Plaintiff asserted that “438,854,670 won out of the claim for construction price of the instant building remains,” and reported the lien on the instant building.
E. On April 30, 2012, an error-backed securitization specializing in young children filed a lawsuit against the Plaintiff on April 30, 2012 against the Jeonju District Court 2012Kadan1369 case, and the Plaintiff filed a lawsuit on October 31, 2012.
A judgment was rendered to the effect that “it is confirmed that there is no Plaintiff’s lien on the building listed in attached Table 2” due to lack of evidence to prove that the Plaintiff commenced possession of the instant building prior to the registration of the entry of the decision to commence auction as stated in the Paragraph.
The above judgment became final and conclusive on November 21, 2012, because the plaintiff did not file an appeal within the appeal period.
F. The Plaintiff, against the Defendant, was the Jeonju District Court 201Gahap502 case.
On September 12, 2013, by filing a lawsuit claiming construction cost based on the contract agreement stated in the paragraph, the judgment was rendered on September 12, 2013 to the effect that “the Defendant shall pay to the Plaintiff KRW 247,165,03 and the delay damages therefor,” and the judgment was rendered on September 2, 2014 through the appellate court.