유치권부존재확인의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning for this part of this Court’s reasoning is the same as that of the corresponding part of the reasoning of the judgment of the first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act
2. The parties' assertion and judgment
A. The parties' assertion 1) As to the apartment of this case of the plaintiff, the right to collateral security was established in the name of the plaintiff and one bank with a total of KRW 480 million, and the seizure registration was completed on March 10, 2014, and on April 16, 2014, the entry registration of the decision on voluntary commencement of auction requested by the bank was cancelled on May 2, 2014. In such a situation, the defendant leased the apartment of this case from E on May 22, 2014, and there is no reason for the interior construction of the apartment of this case. Thus, there is no secured claim asserted by the defendant. 2) Since the defendant did not have reached an agreement between E and E on May 27, 2014 to receive the construction cost within one week after completion of the apartment construction, the defendant did not have to occupy the claim of KRW 52,400,000, and thus, he did not recover the construction cost of this case from the E-20,000.
B. In a passive confirmation lawsuit, if the Plaintiff asserts that the cause of debt arises by specifying the Plaintiff’s claim first, the Defendant, the obligee, bears the responsibility to assert and prove the facts constituting the elements of legal relationship. As such, in a lawsuit seeking confirmation of non-existence of a lien, the Defendant should assert and prove the existence of the subject matter of the lien and the related claim.
(See Supreme Court Decision 2013Da99409 Decided March 10, 2016). In light of the foregoing legal doctrine, evidence Nos. 2, 14, 15, and 16 of the instant case is considered respectively.