유치권 부존재 확인
1. As to the real estate listed in the attached list, the defendant's right of retention is the secured claim of KRW 125,483,656.
1. Basic facts
A. C Co., Ltd. (hereinafter “Nonindicted Company”) is a co-owned owner of the real estate listed in paragraphs 1 through 5 of the attached Table No. 1 (hereinafter “instant land”) and the real estate listed in paragraphs 6 and 7 of the attached Table No. 6 (hereinafter “instant building”).
(hereinafter referred to as "the combination of the instant land and buildings is referred to as "the instant real estate". B
On October 8, 2015, Nonparty Company provided funds as joint collateral by the Industrial Bank of Korea as a joint collateral, and provided the Industrial Bank of Korea with a maximum debt amount of KRW 576 million.
On October 22, 2015, the non-party company issued the Industrial Bank of Korea an additional registration of the establishment of a mortgage of KRW 420 million with the maximum debt amount on October 22, 2015, on the instant land, on the ground of a contract to establish a mortgage of KRW 420 million with respect to the real estate listed in attached Table 3-5, out of the instant land on the same day. On August 25, 2017, the non-party company issued the Industrial Bank of Korea a final and conclusive judgment on the non-party company of the Industrial Bank of Korea (Uwon District Court KRW 2017Gadan5134, Jun. 25, 2017), which was recognized in the final and conclusive judgment on the non-party company of the Industrial Bank of Korea on October 22, 2015, with regard to
(hereinafter referred to as the "mortgage of this case" is added to the registration of establishment of each of the above units.
On September 22, 2017, the Industrial Bank of Korea applied for a voluntary auction on the instant real estate to exercise the right to collateral as the mortgagee of the instant case, and made a decision to commence the auction on September 22, 2017 as Suwon District Court D (hereinafter “instant auction”).
In the instant auction procedure, the Defendant concluded a construction contract with the non-party company for the construction cost of KRW 486,970,000 (hereinafter “instant construction contract”) on September 4, 2015, and carried out the construction project for the non-party company’s factory construction, asserting that the non-party company did not receive construction cost of KRW 125,483,656.