유치권부존재확인
1. It is confirmed that the defendant's lien does not exist for each real estate listed in the separate sheet No. 2 list.
2...
1. Basic facts
A. The Plaintiff Seoul Livestock Industry Cooperatives (hereinafter “Seoul Livestock Industry Cooperatives”) completed the registration of establishment of each ownership of each real estate listed in the separate sheet No. 1 listed in the separate sheet No. 2 (hereinafter “1 real estate”).
(However, the registration of establishment of a mortgage is not completed in part of the real estate in the attached list 3, or the registration of establishment of a mortgage is completed in other areas than the registration of establishment of a mortgage on the attached list 3.
On May 16, 2011, the Incheon District Court rendered a provisional attachment of the first real estate by making the creditor the plaintiff National Agricultural Cooperative Federation (hereinafter referred to as the "Agricultural Cooperatives Federation"), the debtor B, the debtor at KRW 15,222,970 (201Kadan57), and on May 17, 2011, the entry registration was completed.
In addition, on May 18, 2011, the Incheon District Court rendered a provisional attachment of the first real estate by taking the creditor as the plaintiff Nonghyup, the debtor Eul, the claim amount of KRW 137,006,728 (201Kadan5874), and on May 19, 2011, the entry registration was completed.
C. On October 1, 201, the Daejeon District Court rendered a decision to commence compulsory sale of real estate (C) on October 1, 201 upon the Plaintiff’s application by the Plaintiff Nonghyup. The entry registration was completed on October 10, 201.
On March 2, 2012, the Defendant completed construction on July 24, 2010 by being awarded a contract for construction work, such as site creation and building construction, from B, but did not receive KRW 3,636,348,30 among the construction cost. Of the construction cost, the Defendant occupied real estate listed in the separate sheet 2 (hereinafter “second real estate”) among the first real estate. As such, the Defendant has the right to claim for construction cost of KRW 3,636,348,30 regarding the second real estate as the secured claim.
E. On March 7, 2012, the Daejeon District Court rendered a voluntary decision to commence the auction on the real estate No. 1 on March 7, 2012 upon the Plaintiff’s application for a consultation with Seoul National Festival (D), and on March 8, 2011, the entry registration was completed.
[Ground of recognition] Unsatisfy, Gap evidence 1-1.