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...
Basic Facts
[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 3, 4, 7 (including each number; hereinafter the same shall apply)
(1) On November 4, 2014, C Co. established a right to collateral security on each of the real estate listed in the separate list owned by D (hereinafter “instant land and building”). On April 17, 2019, C Co. established a right to collateral security on each of the real estate listed in the separate list owned by D, and filed an application for a voluntary auction based on the said right to collateral security and filed an application for a voluntary auction and started on April 17, 2019 (hereinafter “instant auction procedure”).
On August 14, 2019, the Plaintiff acquired the aforementioned secured claim of the right to collateral security, and completed the additional registration of the transfer of the right to collateral security on the land and building of this case, and succeeded to the auction procedure of this case on or before August 28, 2019.
On June 11, 2019, at the instant auction procedure, the Defendant reported the right to deposit, loan, etc. with the lessee and the mortgagee of the instant land and building as well as the right to retention, and on the same day, reported the right to retention of the instant building, “the guest room KRW 52,00,000,000,000,000,000,000,000,000,000,000,000,000,0000,0000,0000,0000,00
As to the plaintiff's assertion and judgment party's claim that the plaintiff sought confirmation of the non-existence of the right of retention on the land and building of this case, the defendant asserts that the defendant has a right of retention in the amount equivalent to KRW 320,000,000,000, such as interior cost, facility property, etc. as secured claim, as the lessee
Judgment
Article 626 of the Civil Code provides for the lessor's duty to repay means the cost invested by the lessee in order to increase the objective value of the leased object, and the necessary cost means the cost spent by the lessee for the preservation of the leased object. Therefore, it does not constitute a beneficial cost or necessary cost for the lessee to operate his/her business in the leased building.