유치권부존재확인
1. It is confirmed that the defendant's lien as to each real estate listed in the separate sheet does not exist.
2...
1. Basic facts
A. On November 5, 2013, the Plaintiff entered into a credit transaction agreement with B with a maximum credit limit of KRW 750 million, and on the same day, the Plaintiff was created with a maximum maximum debt amount of KRW 975 million as to each of the real estate listed in the separate sheet owned by B in order to secure a claim under the said credit transaction agreement. (2) On October 28, 2014, the Plaintiff filed an application for an auction of the real estate for each of the real estate listed in the separate sheet with the government district court Yangyang-si, which was based on the foregoing collateral security C, with the High Court of the Republic of Korea, and on October 29, 2014, the said court commenced an auction procedure for each of the real estate listed in the separate sheet (hereinafter “instant auction procedure”).
B. The Defendant’s report of lien, etc. 1) Meanwhile, between B and B on March 14, 2014, the Defendant’s respective real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant real estate”).
30 million won, monthly rent, 3 million won, and the term of lease from March 17, 2014 to December 31, 2014 (hereinafter “instant lease agreement”). The lease agreement under which the lease is to be made (hereinafter “instant lease agreement”).
(2) On January 7, 2015, the Defendant filed a lien on the instant real estate at the instant auction procedure, asserting that there was a claim of KRW 300 million in accordance with the “HCCP-related facility construction” in relation to the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 7-1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the Defendant reported the lien to the “HACC-related facility construction” regarding the instant real estate. However, the above facilities cannot be deemed to increase the value of the instant real estate as facilities for the Defendant’s manufacturing and processing business of freezing foods. Therefore, the Defendant’s lien on the instant real estate does not exist.
B. The defendant's assertion is with the consent of the lessor B.