유치권 부존재 확인 등 청구
1. Of the Plaintiff’s lawsuits against Defendant B and D, the part demanding the confirmation of lien and the Plaintiff’s lawsuit against the Defendants on July 2, 2015.
1. Basic facts
A. Each of the instant real estate was owned by E, but the New Credit Union, the first mortgagee of the instant real estate, filed an application for commencement of the voluntary auction procedure with respect to each of the instant real estate, and on June 16, 201, the decision to commence the voluntary auction procedure (hereinafter “instant auction procedure”) was rendered with F of this Court on June 16, 201, and on September 201, G, H, and Defendant B reported each of the instant real estate to E as the lien holder in the instant auction procedure on the ground that there was a claim for construction price against E as to each of the instant real estate.
B. On February 3, 2012, I, the second mortgagee of each of the instant real estate, asserted that “G, H, and Defendant B has no lien on each of the instant real estate,” and filed a lawsuit against G, H, and Defendant B to confirm existence of each of the instant real estate. The Defendant D, who was the second mortgagee of each of the instant real estate, claimed that “G, H, and Defendant B participated in the said lawsuit as an independent party to the instant lawsuit, claiming that “The confirmation of the lien is sought as to the right of retention, as he/she is entitled to exercise the right of retention upon transfer of
[This Court 2012Gahap935, 4142 (Appeal to Intervention by Independent Party)]
On January 18, 2013, there exists a lien of Defendant B and Defendant D on January 18, 2013, and H’s lien is nonexistent, and G transferred the claim for construction price and the possession to Defendant D, and thus, it became final and conclusive as of September 28, 2013, and the Plaintiff appealed. However, on September 10, 2013, the judgment dismissing the appeal was rendered (the Daejeon High Court (Cheongju), which became final and conclusive on September 28, 2013.
As a result of the instant auction procedure, each of the instant real estate was sold to the Plaintiff on January 3, 2014, and the Plaintiff acquired ownership.
E. On March 10, 2014, Defendant B filed an application for the commencement of formal auction under the lien (this Court J) with respect to each of the instant real estate on March 10, 2014, and at present, Defendant CA and Defendant D reside.
[Ground of recognition] Unsatisfy, Gap evidence No. 1, and No. 2-1.