유치권부존재확인등
1. As to each real estate listed in the separate sheet, each claim against the Defendants B shall be the secured claim.
1. Facts of recognition;
A. Defendant A and B’s 1) each of the real estate listed in the separate sheet owned by B (hereinafter “each of the instant real estate”) between Defendant A and B on June 10, 2007 between Defendant A and B (hereinafter “instant real estate”).
(3) The construction of underground paintings (electric, telecommunication, street lamps) to create the site of electric power resource C on the ground (hereinafter “instant construction”).
(2) Defendant A concluded the instant construction work around August 30, 2007 with the contract amount of KRW 212,320,000, and the contract period of construction from June 10, 2007 to August 30, 2007.
3) On July 1, 2009, B prepared a letter of commitment to pay the instant construction cost to Defendant A by June 30, 2012. (b) On May 29, 2009, the Plaintiff, while granting loans of KRW 5.5 billion to B on May 29, 2009, the Plaintiff established a mortgage right of KRW 7.15 million with respect to each of the instant real estate from B, and completed the registration of establishment of a mortgage on the same day. (c) On February 22, 2013, the Plaintiff applied for voluntary auction (the Daejeon District Court Branch D; hereinafter “instant auction”) with respect to each of the instant real estate on February 26, 2013, and the registration of the decision to commence voluntary auction was completed on February 27, 2013.
2) In the instant auction procedure, Defendant A’s claim for the construction cost against B on May 29, 2013 (hereinafter “instant claim for the construction cost”).
For this reason, on October 24, 2013, the Defendant Company reported each right of retention on the ground that there was management expenses claims on trees planted on the ground of each of the instant real estate on October 24, 2013.
The Plaintiff acquired the Plaintiff’s ownership at the instant auction procedure on May 14, 2014 and completed the registration of ownership transfer in its name on May 16, 2014.
E. The defendant company's temporary building establishment and location of the defendant company.