유치권부존재확인의소
1. Of the judgment of the first instance, the part against the defendant regarding the portion exceeding the scope below shall be revoked.
1. The Defendant, on October 30, 2012, reported the right of retention to the auction court on January 9, 2013, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), at the auction commenced by the Changwon District Court (hereinafter “instant auction”) upon the commencement of the first compulsory auction commencement order (hereinafter “instant auction”), with respect to the real estate listed in the separate sheet, as the secured claim, KRW 300 million claim for the construction price to his/her stock company G (hereinafter “G”).
On June 27, 2013, the Nonghyup Bank Co., Ltd., which was the mortgagee of the right to collateral security regarding a factory foundation composed of the real estate of this case and the internal head of the family, transferred the secured debt of the right to collateral security to the Plaintiff on June 27, 2013, and notified the debtor G of such assignment on or around June 28, 2013.
[Reasons for Recognition] Entry of Evidence Nos. 1, 2, 3, 14, 15, 16, 17 (including serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether a lien exists;
A. The Plaintiff asserted that the Defendant did not have a right of retention for the instant real estate, and that the Defendant did not actually control the instant real estate to the extent that it does not objectively exclude another person’s interference before the registration of the decision to commence auction.
Accordingly, the defendant asserts that he has the right to attract the building of this case until he receives the payment of the construction cost, since he received the new construction work of the building No. 2 in the annexed list No. 2 from C and did not receive the construction cost even after completion of the new construction work, he did not receive the construction cost claim as the secured claim, and since he was in possession of the building of this case from C to G during the period prior
B. "Possession of an article that is the requirement for establishing a lien and that is the requirement for establishing a lien means possession of an article that is the objective relationship that can be seen as falling under the factual control of that person by social norms.