유치권부존재 확인 및 가설건축물 취거
1. It is confirmed that there is no defendant's lien on each land listed in the separate sheet.
2. The defendant.
1. Basic facts
A. On May 31, 2005, the Ansan Agricultural Cooperative, while lending KRW 240,000,000 to B on May 31, 2005, completed the registration of the establishment of a neighboring building and the creation of a superficies with the aim of owning each of the lands listed in the separate sheet (hereinafter “each of the lands of this case”) as to the obligor B and the maximum debt amount of the mortgage amount of KRW 336,00,000,000.
B. On March 12, 2010, the Ansan Agricultural Cooperative filed an application for voluntary auction with respect to each of the instant lands (Korean Government District Court C). On March 17, 2010, the decision to voluntarily commence auction was made and the auction procedure was commenced (hereinafter “prior auction procedure”).
In the preceding auction procedure, the Defendant reported the right as a lien holder on November 26, 2010, by asserting that “Around November 13, 2009, a contract for incidental civil works and landscaping works for each of the instant lands was made for KRW 2,453,00,000 for the construction cost for each of the instant lands, etc., and immediately paying KRW 70,000,000,000 from around that time to March 2010 for construction works worth KRW 50,000,000 of the construction cost, and KRW 50,000 of the construction cost to KRW 50,00,000 of the construction cost.”
C. D was awarded a successful bid of each of the instant lands during the preceding auction procedure on April 29, 201, and completed the registration of ownership transfer due to the sale by voluntary auction on April 29, 201, and the Plaintiff loaned D KRW 252,00,000 to D on the same day, and completed the registration of creation of a neighboring mortgage (hereinafter “each of the instant mortgages”) with respect to each of the instant lands at KRW 327,60,000 with respect to the debtor, maximum debt amount, and superficies for owning buildings, other structures, or trees (hereinafter “the instant superficies”).
On September 26, 2013, the Plaintiff applied for a voluntary auction on each of the instant lands based on the right to collateral security and applied for a voluntary auction on September 27, 2013, and “the auction of this case” is deemed to be “the auction of this case to the Jung-gu District Court E.
a decision of commencement.