유치권 부존재 확인
1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.
2...
1. Facts of recognition;
A. (1) G on August 29, 2013, the real estate listed in the separate sheet (hereinafter referred to as “instant land”) and the real estate listed in Paragraph (2) as indicated in the separate sheet (hereinafter referred to as “instant building”) are “each of the instant real estate” and collectively named “each of the instant real estate”.
(2) Upon completing the registration of ownership transfer regarding each of the instant real estate from G, H obtained, respectively, the right to collateral security, which is equivalent to the maximum debt amount of KRW 2.52 billion, based on the contract that was concluded on the same date on August 29, 2013, and the maximum debt amount of KRW 260 million, based on the contract that was concluded on the same date on May 30, 2014, respectively.
3) On November 17, 2016, H Co., Ltd. received a voluntary decision to commence the auction on each of the instant real estate based on each of the instant collateral security rights (Scheon District Court Gangnam Branch I), and on November 18, 2016, registered the entry of the decision to commence the auction on each of the instant real estate (hereinafter “registration of the instant decision to commence the auction”).
) The auction procedure was completed with respect to each of the instant real estates (hereinafter referred to as “instant auction procedure”).
4) The Plaintiff acquired each of the above collateral security claims from H during the instant auction procedure.
In the instant auction procedure on August 6, 2018, the Plaintiff received a decision to permit the temporary sale of each of the instant real estate and won the bid, and paid the sales price in full.
B. 1) Meanwhile, J Co., Ltd. (hereinafter “J”).
(2) Upon receiving a contract from G for remodeling the instant building (a project to remodel the existing hotel building into a convalescent hospital), the Defendant Limited Partnership Company B, Defendant C, Defendant D, and Defendant E Co., Ltd. (hereinafter “Defendant B, C, D, and E”; and the aforementioned Defendants collectively referred to as “Defendant B, etc.”), the contract price (the cost and additional tax separate) of the Defendant’s contract date (the cost and additional tax) between J on June 11, 2015, and KRW 2666 million of the fire fighting construction work on June 11, 2015 C, 160 million of the facility installation work on June 11, 2015, D 200 million D on June 23, 2015. < Amended by Presidential Decree No. 26358, Jun. 23, 2015>