유치권 부존재 확인
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 October 30, 2015, the Defendant was awarded a new construction contract with Nonparty C Co., Ltd. (hereinafter “C”) for three (1), Dong (2, Dong 2, and 3) above ground factory buildings (hereinafter “each of the instant real estate”) on the ground of Kimcheon-si, Kimcheon-si. The Defendant changed two (2,277,00,000,000 construction cost to the construction work that was constructed until April 30, 2017 (hereinafter “instant construction work”).
After completing the construction of each of the instant real estate, the Defendant approved the use of each of the instant real estate on April 17, 2017.
B. C, on September 1, 2017, for the purpose of securing the obligation for the construction cost of this case, had the Defendant registered the creation of a mortgage amounting to KRW 2,070,000 with respect to each of the instant real estate at issue.
On October 30, 2017, the Defendant received an order to pay the instant construction cost of KRW 2,170,000,000 from June 23, 2017 to the delivery date of the original copy of the payment order from June 23, 2017, and the annual interest rate of KRW 15% from the next day to the full payment date. The payment order was finalized on November 16, 2017.
C. On July 31, 2018, C obtained a loan from Nonparty E (hereinafter “E Association”) and made a registration of creation of a mortgage over each of the instant real estate at KRW 1,950,000 with respect to E Association in order to secure a loan obligation.
On September 15, 2017, the E Union filed an application for a real estate auction (hereinafter “instant auction”) on each of the instant real estate and five parcels of land, including D, G, H, I, and J, with the Daegu District Court Kimcheon Branch F, and the decision to commence the auction on September 19, 2017 was rendered.
On November 28, 2018, the Plaintiff acquired the right to collateral security against C from E Union, and on January 3, 2019, transferred the right to collateral security of E Union with respect to each of the instant real estate on the ground of the transfer of the right to collateral security.