유치권 부존재 확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 9, 2019, the summary of the claim in this case as to the cause of the claim, which was commenced upon the application of D Union with respect to the real estate listed in the separate sheet in which the plaintiff himself/herself owns 3/4 co-ownership shares, the defendant applied for a compulsory auction against the plaintiff C's co-ownership and started the procedure for compulsory auction to F of this court.
Since the right of retention reported by the defendant is likely to become a successful bidder, it is to seek confirmation that there is no right of retention of the defendant in order to enable a successful bid at a reasonable price.
A lawsuit for confirmation is recognized as an effective and appropriate means to determine the legal status of the plaintiff when the legal status of the plaintiff is unstable and dangerous. Thus, the reason that the defendant's right of retention reported by the defendant is likely to be awarded at a low price in the auction procedure is nothing more than an actual or economic interest and it cannot be viewed as the plaintiff's right or legal status. Thus, the plaintiff's lawsuit of this case has no interest in confirmation.
2. In conclusion, the Plaintiff’s lawsuit of this case is unlawful and thus, it is so decided as per Disposition.