유치권부존재확인
1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.
2...
1. Basic facts
A. An Ansan Agricultural Cooperative created a right to collateral security as to each real estate indicated in the separate sheet as security against each credit claim against B; on July 14, 2015, each real estate listed in the separate sheet No. 1 through No. 4 (hereinafter “instant real estate”) applied for a voluntary auction; on July 20, 2015, Suwon District Court C voluntarily decided to commence auction on July 20, 2015.
(hereinafter “First Auction Procedure”). (b)
On December 2, 2015, Ansan Agricultural Cooperative filed an application for voluntary auction with respect to each of the real estate listed in attached Tables 5 through 8 (hereinafter “instant real estate”) on December 2, 2015. On December 3, 2015, the decision to commence voluntary auction was rendered to Suwon District Court D on December 3, 2015.
(hereinafter “the second auction procedure of this case”)
On November 26, 2015 and December 29, 2015, the Plaintiff acquired each claim for loans from Ansan Agricultural Cooperative to B, and on December 21, 2015, on the instant real estate No. 1, and on January 25, 2016, each of the instant real estate No. 2 was registered.
Around September 2015, the Defendant reported the right as the lien holder in the first auction procedure of the instant case with the construction cost of KRW 500 million for the instant real estate No. 1 as the secured claim, and around December 2015, the Defendant reported the right as the lien holder in the second auction procedure of the instant case with the construction cost of KRW 500 million for the instant real estate No. 2 as the secured claim.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including the number of each branch; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of action
A. In a lawsuit to confirm existence of the right of retention, if the plaintiff asserts that the existence of the cause of the right of retention is denied by specifying the existence of the claim first, the defendant is liable to prove the existence of the right of retention, which is the requisite fact of the right of retention, the right of retention, and the possession of the object.
Supreme Court Decision 2013Da99409 Decided March 10, 2016