유치권부존재확인
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Basic facts
A. In order to secure the claim for loans against D, the Plaintiff completed the registration of creation of a mortgage with respect to each real estate listed in the separate list owned by D as of July 28, 2010 by the Gwangju District Court No. 32507, Jul. 28, 2010 (hereinafter “each real estate of this case”), with respect to each real estate listed in the separate list owned by D as of July 28, 2010.
B. D’s failure to repay the above loan obligation, on September 25, 2013, the Plaintiff filed an application for auction of each of the instant real estate with the Gwangju District Court wooden Branch E, and completed the registration of a voluntary decision to commence auction on September 26, 2013. The said voluntary auction case was commenced on October 12, 2012, and was merged with the said court F compulsory auction case which completed the entry registration on October 15, 2012.
(hereinafter referred to as “instant auction procedure”). (c)
Defendant A completed the establishment registration of a neighboring mortgage at KRW D and the maximum debt amount of KRW 138,80,000,00 with respect to each of the instant real estate under the 14134 received on April 4, 2013 by the Gwangju District Court, as the obligor D and the maximum debt amount.
In the instant auction procedure, on April 12, 2013, Defendant A reported a lien of KRW 152,680,000, such as the extension work for the first floor and the eighth floor of each of the instant real estate, as the secured claim. Defendant A reported a lien of KRW 350,00,000 as the secured claim, among each of the instant real estate, on July 10, 2013, the 8th floor extension work of each of the instant real estate and the first floor to the seventh floor. Defendant C reported a lien of KRW 73,60,000 as the secured claim, among each of the instant real estate in this case, as the secured claim, on July 19, 2013.
[Ground of recognition] Facts without dispute, contents written in Gap evidence 1 through 9 (including paper numbers), and the purport of the whole pleadings
2. The parties' assertion
A. The Defendants did not possess each of the instant real estate in the instant auction procedure until the registration of the initial decision to commence compulsory auction was completed, and the Defendants did not possess it.