유치권부존재
1. The lawsuit of the plaintiff shall be dismissed;
2. Plaintiff Tae Young-young Co., Ltd., Ltd., A and Defendant.
1. Facts of recognition;
A. The real estate listed in the separate sheet (hereinafter “instant real estate”) has been operated from October 17, 2006 as “D” in the name of “D”.
B. As to the instant real estate owned by C, the Do Urban Community Community, around August 9, 2006, completed the registration of establishment of each collateral security right, which consists of 850,000,000 maximum debt amount and 590,000,000 maximum debt amount to secure the loan claims against E, in order to secure the loan claims against C around August 9, 2006.
C. On April 23, 2013, the Plaintiffs acquired each of the above loans from the Do Agricultural Community Community Credit Cooperatives to C and E, and completed the additional registration of each of the above collateral security regarding the instant real estate on the same day.
Since then C was unable to repay the above loans, the Plaintiffs filed an application for voluntary auction on the instant real estate based on the right to collateral security (hereinafter “instant auction”) with the Suwon District Court F, and received a decision to voluntarily commence auction on May 30, 2013, and completed the registration of the entry.
E. On August 29, 2013, Plaintiff A acquired each claim for loans from Plaintiff C and E Co., Ltd. from Plaintiff L Co., Ltd. on or around August 29, 2013, and completed the additional registration of transfer of shares of each Plaintiff Co., Ltd. with respect to the instant real estate on or around September 16, 2013.
F. On April 18, 2014, when the instant auction procedure was in progress, the Defendant reported the lien to the effect that he/she acquired a lien (hereinafter referred to as “instant lien”) with respect to the instant real estate as the secured claim of KRW 320,000,000 (hereinafter “instant construction cost claim”), and changed the lien from the Defendant to G (representative) around May 12, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3, Gap evidence 4-16, 17, Eul evidence 1, witness H testimony.