유치권 부존재 확인
1. The defendant's claim for construction price against the non-party C as the secured claim regarding the real estate stated in the attached list.
1. Facts of recognition;
A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by C, but the entry of the decision on commencement of auction at will was registered as Daejeon District Court Branch D on February 21, 2017, and the same year.
9.6. The registration of the decision on voluntary commencement of auction was completed at the same court E.
B. In the above auction procedure, the Plaintiff received a successful bid for the instant real estate on December 20, 2017, and completed the registration of ownership transfer on the ground of sale by voluntary auction on January 5, 2018.
[Ground of recognition] The entry of Gap evidence No. 4 and the purport of the whole argument
2. The parties' assertion and judgment
A. The plaintiff of the parties asserted that the defendant did not possess the real estate of this case, and there is no secured debt related to the real estate of this case and therefore there is no right of retention for the real estate of this case.
In this regard, the defendant asserts that the real estate of this case is a legitimate lien holder who executes a construction work and exercises a legitimate lien.
B. Determination 1) In a lawsuit for confirmation of existence of a lien, if the Plaintiff asserts that the existence of the cause of the lien seeking confirmation is denied by specifying the Plaintiff’s claim first, the Defendant disputing this claim is liable for proving the existence of a claim related to relation with the subject matter, which is the requisite fact of the lien, and the possession of the subject matter (see, e.g., Supreme Court Decision 2013Da9409, Mar. 10, 2016). In addition, the possession of the lien holder, which is the requirement for establishment of a lien and the requirement for existence of a lien under Article 320 of the Civil Act, refers to an objective relationship that appears to belong to the factual control of the person under social norms. In such a case, factual control is not necessarily limited to physical and practical control, but is determined in accordance with the concept of society by taking into account the temporal relationship with the subject matter, the relationship between principal rights, and the possibility of