유치권 부존재 확인
1. It is confirmed that the defendant's lien does not exist with respect to the real estate listed in the attached list.
2...
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. A person who is a member of the family council in order to make a decision in accordance with Article 208 (3) 1 of the Civil Procedure Act (a judgment made without holding any pleadings) of the applicable provisions of Acts;
1. The plaintiff related to the party is the creditor of your original real estate auction case (the transferor: Hana Bank Co., Ltd.) and the defendant is the lessee of the real estate listed in the annexed sheet, one of the objects of the above auction case.
2. The circumstances leading to the principal lawsuit;
A. (1) On July 12, 2011, Nonparty C, the owner of the real estate listed in the separate sheet of this case, entered into a lease agreement with the Defendant and the lease deposit amount of KRW 20,000,000 for the real estate listed in the above separate sheet of this case, monthly rent of KRW 1,00,000 for rent, and the lease term of KRW 30,000 for July 30, 201 or July 29, 2013 for lease.
(No. 1. (2) On the other hand, the non-party A bank, a creditor of the non-party C, exercised the right to collateral security established on the above real estate, and issued a decision to commence the sale of real estate Heon B on January 27, 2016, and evidence No. 2
1. He is currently in the process of a certificate of complete registration (see, e.g., evidence A) and a auction case of the above real estate (see, e.g., evidence A2);
2. (3) In the above auction case on December 15, 2016, the Defendant submitted a lien report to the court to the effect that, in operating convenience stores after the Defendant leased the said real estate, the Defendant performed water leakage construction works under the consent of the lessor, and incurred necessary and beneficial expenses, such as the installation of electric installations and the external test, etc. on the upper floor, etc., and thus, the Defendant exercised the lien on the said real estate with the right to claim reimbursement of expenses as the secured claim (Evidence A 3).
1. (see, e.g., “right of retention”). (4), however, Nonparty C, the owner of the above real estate, is also aware of the fact that he/she performed a cumulative construction work on January 10, 2017 and consented to the said cumulative construction work.