유치권 부존재 확인
1. It is confirmed that the defendant's lien does not exist with respect to the real estate listed in the attached list.
2...
1. Basic facts
A. The Plaintiff is the representative of C Co., Ltd. (hereinafter “Nonindicted Company”) as the owner of each land listed in the separate sheet (hereinafter “instant real estate”).
B. As of March 21, 2016, the Defendant, claiming that he is the agent of the non-party company, set up a construction contract form with the construction cost of KRW 260,000,000 for the civil works on the access road to the site of the instant real estate and suspended the construction work.
C. On June 14, 2016, the Defendant: (a) removed equipment from the instant real estate, and (b) installed a container stop stop on October 14, 2016 on the real estate stated in attached Table No. 1, and placed a banner called “in the course of exercising the right of retention.”
【Fact that there has been no dispute, Gap 1-3, 5 (including virtual number), the purport of the whole pleadings】
2. The assertion and judgment
A. The Plaintiff asserts that, as long as the Defendant lost possession of all the equipment and facilities in the instant real estate as he/she was removed from all the equipment and facilities on June 2016, the Defendant’s right of retention was extinguished.
In regard to this, the defendant asserts that the right of retention is still in existence, since it was installed one container with materials, etc. after the removal of equipment from the real estate of this case while preserving the site.
B. According to the right of retention, the possession of the instant real estate constitutes the requirement for establishment and the requirement for existence. Since there is no evidence to acknowledge that the Defendant occupied the instant real estate until October 14, 2016 after the Defendant removed equipment from the instant real estate on June 2016, and until the container was installed on October 14, 2016, it is acknowledged that the Defendant did not possess the instant real estate during the said period, according to the evidence Nos. 4 (including the serial number) and witness E’s testimony, the Defendant’s right of retention was extinguished by the loss of possession of the instant real estate on June 2016.
On October 14, 2016, the Defendant’s real estate stated in attached Table No. 1.