유치권부존재
1. All appeals by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
purport, purport, and.
1. Facts of recognition;
A. The real estate listed in the attached list (hereinafter “instant real estate”) was operated from October 17, 2006 to a mutual bath facility called “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. The Plaintiffs and one-way advisory corporation acquired each of the above loans against C and E from the Do Community Community Credit Cooperatives, and completed the supplementary registration of each of the above collateral security regarding the instant real estate on April 23, 2013.
Since then C failed 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 completed the registration of the voluntary auction decision on May 30, 2013.
E. On August 29, 2013, Plaintiff A acquired each claim for loans from one of the three advisory corporations on or around August 29, 2013, and completed a supplementary registration for the transfer of shares of each of the three advisory corporations on the instant real estate on 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 “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 person who reported the lien from the Defendant to G (the Defendant’s representative) on May 12, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence No. 1 (if there are provisional numbers, including each number; hereinafter the same shall apply), the testimony of the witness of the first instance court H, and the purport of the whole pleadings.