유치권부존재 확인
1. It is confirmed that there is no right of retention of the defendant with respect to B forest No. 12,994 square meters in Macheon-si.
2...
Basic Facts
On March 12, 2012, the registration of creation of a mortgage (hereinafter “instant land”) with respect to B forest No. 12,994 square meters (hereinafter “instant land”) owned on March 12, 2012, consisting of the Plaintiff, the obligor, the maximum debt amount, and KRW 1.56 million (hereinafter “instant land”).
On July 3, 2014, the Plaintiff filed an application for the auction of real estate rent with the Korean Government District Court F, which was based on the foregoing right to collateral security, and the said court rendered a decision to commence auction on July 4, 2014, and on the same day, the entry registration of the said decision to commence auction was completed on the instant land.
(hereinafter “instant auction procedure”). At the instant auction procedure on April 21, 2015, the Defendant, as an interested party, reported a lien by setting the claim for the cost of civil construction works equivalent to KRW 169 million on the instant land as the secured claim.
【Ground of recognition” without any dispute, entry in the evidence Nos. 1 and 2, and the purport of the Plaintiff’s assertion by the Plaintiff as to the purport of the entire pleadings, is no relation with the land of this case, and thus, the Defendant cannot be a preserved claim against the land of this case. Since the Defendant did not occupy the land of this case until the entry registration of the decision on commencing auction of this case is completed, it cannot be asserted against the Plaintiff with the right of retention.
The Defendant asserted on April 5, 201, the Defendant: (a) concluded a contract with D, one of the co-owners of the instant land, with a price of KRW 250 million for the civil engineering works on G 12,694 square meters of land in Macheon-si; and (b) completed the said construction works; and (c) on May 25, 201, the said land was subject to registration conversion on the instant land; (d) as such, the claim amounting to KRW 169 million of the unpaid price is related to the instant land.
In addition, the Defendant became aware of the fact that the entry of the decision on commencing auction of this case has been completed and immediately after having occupied the land of this case, and reported the lien, so the Defendant may oppose the Plaintiff as a legitimate lien holder.