유치권 부존재 확인
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. On October 29, 2018, the Plaintiff completed the registration of collateral security on December 6, 2018 with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) on December 6, 2018, after receiving the assignment of the claim against D by the Han-gu Association, Korea Association (CC).
B. After that, on January 29, 2019, the Plaintiff filed an application for an auction of real estate rent E with the Changwon District Court Dagwon Branch for the said real estate, and received the decision to commence the auction on January 30, 201.
C. Prior to this, on April 30, 2018, the Defendant applied for a compulsory auction of the said real estate to the Changwon District Court Branch F for a compulsory auction of the said real estate, and the same year.
5.1. A decision on commencing auction was rendered.
On March 20, 2019, when the above auction procedure was in progress, the defendant submitted a lien report to the court of execution by making the amount of KRW 46,320,309 as the secured claim.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff asserts that the secured debt of the right of retention claimed by the defendant is not a claim arising from the real estate above with the claim for the price for the supply of the steel, and the defendant does not occupy the real estate of this case, and thus, the defendant asserts that there is no right of retention as to the above real estate, and seek its confirmation against
B. On this issue, the defendant accepted the plaintiff's assertion and withdrawn a request for auction concerning the preceding auction case (Chowon District Court 2007). Thus, the plaintiff's lawsuit of this case is unlawful as there is no benefit of lawsuit.
3. Determination
A. We examine the judgment on the defense prior to the merits, i.e., the circumstance that the defendant asserted, that is, the defendant applied for a compulsory auction as a lien holder on the real estate of this case, but the withdrawal thereof cannot be viewed as an unlawful lawsuit that has no interest in the lawsuit. Thus, the above merits of the defendant cannot be viewed as an unlawful lawsuit