유치권부존재확인의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Basic facts
A. The Plaintiff’s acquisition of the right to collateral security 1) On August 7, 2014, the Plaintiff is a fisheries company of which C is its representative director, D (hereinafter “D”).
(C) On the same day, the Plaintiff entered into a mortgage contract with the Gwangju District Court No. 8440, each of the real estate listed in the separate sheet No. 1 owned D (hereinafter “instant real estate”).
(C) the real estate listed in Nos. 3 and No. 1 list (hereinafter referred to as “the building of this case”) is the building of this case
) Each machinery and apparatus listed in the separate sheet No. 2 (hereinafter “instant machinery and apparatus”) and the instant real estate and the instant machinery and apparatus together are “the instant real estate, etc.”
(2) On August 8, 2014, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the obligor C and the maximum debt amount KRW 312,00,000,000. (2) On the security of the aforementioned right to collateral security, the Plaintiff determined the amount of KRW 240,000,000 as interest rate of KRW 6% per annum, interest interest rate of KRW 19% per annum, interest rate of KRW 19% per annum, and due date of repayment of August 8
B. On May 3, 2016, following the progress of the voluntary auction procedure and the Defendant’s report of lien 1), the decision to commence the auction of real estate on May 3, 2016, upon the Plaintiff’s application, was issued to the Gwangju District Court Maritime Court Maritime Branch E, and the registration of the entry was completed on the same day (hereinafter “instant auction procedure”).
(2) In the instant auction procedure, the Defendant filed a lien on July 22, 2016 with the effect that “The Defendant’s claim for the construction price of electric facilities against the Defendant D is KRW 207,512,360 as the secured claim.”
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion is that the Defendant does not have the right to claim construction price against D and does not possess the instant real estate, etc., so there is no right to retention of the Defendant on the instant real estate, etc.
B. The defendant's summary of the defendant's assertion is that of this case according to the contract agreement with D.