유치권부존재확인
1. It is confirmed that the defendant's lien does not exist with respect to the real estate listed in the attached list.
2...
1. Basic facts
A. In order to secure the claim against B, the Plaintiff completed the registration of the establishment of a neighboring real estate listed in the separate sheet owned by B (hereinafter “instant real estate”) with respect to the Cheongju District Court’s Chungcheong District Court’s 2337, Jan. 19, 2010, as the maximum debt amount of KRW 120,000,000,000, and the debtor B (title B: C) with respect to the registration of the establishment of a mortgage over the real estate indicated in the separate sheet owned by B (hereinafter “instant real estate”). < Amended by Act No. 11066, Feb. 101, 2011; Act No. 100,00,
B. On February 23, 2015, the Plaintiff applied for a voluntary auction of real estate as Cheongju District Court D with respect to the instant real estate, and received a decision to commence voluntary auction from the said court on February 23, 2015, and the registration of the entry was completed on February 24, 2015.
(hereinafter “instant auction procedure”). C.
On March 18, 2015, the Defendant reported the lien (hereinafter “instant lien”) with the total construction cost of KRW 180,000,000 as the secured claim at the instant auction procedure, on March 18, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings
2. Summary of the defendant's assertion
A. On August 2010, the Defendant concluded a contract on the interior interior interior interior interior interior interior and interior repair works of the instant real estate with a patrolman B and completed the said construction work at KRW 198,80,000. As such, the Defendant’s claim against B, which is the secured claim of the instant lien, exists.
B. The Defendant commenced construction and commenced possession of the instant real estate, and the possession of the instant real estate was suspended due to the depreciation, and it returned from January 2014 to that of the present real estate.
3. Determination
A. Since the possession under a lien is a requirement for establishment of a lien and a requirement for existence, the right holder, as well as the time of establishment, shall continue to possess the object of the lien, and if such possession is lost, the right of retention ceases to exist.
(Article 328 of the Civil Act).