유치권부존재확인
1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.
2...
1. Basic facts
A. On December 11, 2012, at the request of the Seosan Fisheries Cooperatives, a creditor of the C, the voluntary auction procedure (hereinafter “instant auction procedure”) was initiated with respect to each real estate listed in attached Tables 1 through 8 as Seosan Branch D of the Daejeon District Court, and the registration of the voluntary auction decision was completed on the same day. On May 15, 2013, each real estate listed in attached Tables 9 through 12 (hereinafter “instant real estate”) as indicated in attached Tables 9 through 12 as the above court E (hereinafter “instant real estate”), the voluntary auction procedure was commenced, and the registration of the voluntary auction decision was completed on the same day.
B. On January 8, 2014, the Defendant filed a lien with the above auction court by asserting that even though the Civil Works was performed on the instant real estate from October 20, 201 to July 30, 201, it did not receive the construction cost of KRW 165 million.
C. On July 20, 2015, the Plaintiff purchased the instant real estate at the instant auction procedure, and completed the registration of ownership transfer in the name of the Plaintiff on July 23, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 7 and 8, and the purport of the whole pleadings
2. The parties' assertion
A. The Defendant did not possess the instant real estate before the registration of the voluntary decision on commencing auction on the instant real estate was completed, and there is no right of retention for the Defendant.
B. Since the Defendant completed the civil engineering works on the instant real estate by being awarded a contract by Defendant C, the Defendant has a claim for the construction cost on the instant real estate, and has occupied the instant real estate from July 20, 2010 to July 20, which was the date of commencement of the construction, and thus has a lien.
3. Determination
A. The debtor will pay the construction price for the above real estate after the attachment became effective, after the registration of the decision to commence auction has been completed on the real estate, such as a building owned by the debtor of the relevant