유치권확인
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The non-party E decided to newly construct the business facilities and apartment houses with the size of two stories above ground and eight stories above ground on each land indicated on the site ownership list in the attached list of the attached list owned by himself/herself, and the construction of new GGGra around November 2003, after selecting the City construction work.
(2) However, the Busan District Court (I) filed an application for a compulsory auction against GD on June 20, 2007 upon the completion of HGD, which is a creditor of HGD, filed an application for compulsory auction, and the registration of ownership preservation was completed in the name of E in relation to GGD building including each real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant buildings”) on June 20, 207 due to the commission of registration of compulsory auction.
(3) After that, on July 2, 2007, the registration of ownership transfer was completed under the name of J Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). On March 15, 2013, K, a mortgagee, applied for a voluntary auction, issued a decision to commence voluntary auction to Busan District Court L on the same day (after that, M and N cases were overlapped), and on April 13, 2015, the decision to sell was issued on April 13, 2015, and Defendant B and 402 completed each registration of ownership transfer under the name of Defendant C and 802.
B. On February 10, 2012, the Plaintiff entered into a subcontract agreement with Nonparty Company’s agent (the representative director of Nonparty Company was appointed on December 28, 2012) regarding the fire-fighting facility works among GGra new construction works (excluding value-added tax) and the construction period from February 16, 2012 to July 27, 2012.
(2) On June 17, 2013, the Plaintiff reported the right of retention for G lending 104 to the above auction court, but on April 8, 2015, the Plaintiff was in all head offices of G lending.