유치권 부존재 확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
1. Facts without dispute;
A. On November 11, 2014, the Plaintiff filed a request for auction with the Daejeon District Court for each of the real estate listed in the separate sheet (hereinafter collectively referred to as the “instant land”) owned by the said company, as a creditor of the ADD Construction Co., Ltd. (hereinafter referred to as “AD Construction”).
(B) The auction procedure following the Plaintiff’s request for auction (hereinafter “instant auction procedure”).
On December 22, 2014, when the instant auction procedure was in progress, the Defendant asserted that “A house was newly built on the ground of this case as a result of being awarded a contract for the construction of new house on the instant land from the AD Construction, but failed to receive the construction cost,” and reported a lien.
2. The plaintiff's assertion
A. The house that the Defendant newly built was not equipped with the building form, and the Defendant did not possess the said house.
The defendant cannot claim a lien on the land of this case by making the above claim for the construction cost as the preserved claim.
B. As the Plaintiff’s dividend amount is at a low price due to the Defendant’s report of lien, there is a legal interest to seek confirmation that there is no lien for the Defendant.
3. Judgment on the defendant's main defense of safety
A. Defendant’s assertion 1) The instant land was awarded in KRW 500,880,00, which is a higher price than the appraised on May 22, 2017, and the sales price was paid in full on June 27, 2017. The total amount of the creditors’ claims regarding the instant land was KRW 440,360,310, and there is no concern that the Plaintiff’s amount of dividends would decrease merely because the creditors’ claim for the amount of claims regarding the instant land was KRW 440,360,310. 2) Since the Defendant’s claim for lien was based on the Defendant’s right of retention, there is no possibility that the instant land, which is the object of auction, was awarded at
There is no benefit in confirmation of the instant lawsuit.
B. The lien holder shall make a judgment against the successful bidder.