유치권부존재확인
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the first instance, except for the part concerning which the court stated in paragraph (2) below, and therefore, it shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2.The height of the judgment of the first instance court is as follows:
E. In each of the instant auction procedures, an execution officer conducted an investigation into the current status of each of the real estate listed in the separate sheet on January 29, 2014, February 7, 2014, and February 18, 2014, and prepared a report on the current status of the real estate. As to the real estate listed in paragraph (1) of the separate sheet, the content that “the lessee L (the date of transfer) has occupied, and the resident has attached a notice on the report of the right and the application for demand for distribution to the relevant entrance, due to the absence of a closed door, to the present entrance,” and the said L and a copy of the resident registration statement and the resident registration certificate issued on February 7, 2014 are indicated as being transferred to his/her family members.
On the other hand, the attached list No. 3 states that the lessee A (the date of transfer, December 23, 2013) occupies, and the resident did not have a closed door and attached a notice on the application for the report of rights and the request for distribution to the current entrance district.
The first part of the judgment of the court of first instance is as follows.
F. On March 27, 2014, the Defendant reported the right of retention as a lessee with regard to the real estate listed in paragraph (3) of the attached Table No. 3 at each auction procedure of this case on March 27, 2014, with regard to the claim for construction cost as to each real estate listed in the attached Table No. 132 million won as the secured claim.
L as a lessee with respect to the real estate stated in paragraph (1) of the attached list, M filed a report on each right as a lessee with respect to the real estate stated in paragraph (5) of the attached list, and M filed an application for a report on the right of M and a request for distribution with respect to the real estate stated in paragraph (5) of the attached list with respect to M on July 22, 2013.