유치권부존재확인
1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.
2. This.
1. Facts of recognition;
A. On November 7, 2011, the decision to commence an auction of real estate (hereinafter “instant auction”) with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was made by the Government District Court C on November 7, 201, and the registration of entry of the decision to commence the auction of each of the instant real estate was completed on the same day (hereinafter “registration of entry into auction”).
B. In the instant auction procedure, the Defendant reported the lien on June 5, 2012, and thereafter, on March 7, 2014, reported the lien on the ground that the claim for construction cost of KRW 97,000,000 for each of the instant real estate exists.
C. In the instant auction procedure, the Plaintiff obtained permission to sell each of the instant real estate on May 19, 2014, and acquired the ownership of each of the instant real estate by completely paying the sales price on July 4, 2014.
On July 31, 2014, the Defendant asserted that there exists a lien of KRW 97,00,000 on each of the instant real estate as the secured claim, and applied for a voluntary auction of real estate on each of the instant real estate to the Jung-gu District Court D based on a lien, and the said court rendered a voluntary decision to commence the auction on August 26, 2014.
E. On December 11, 2014, the Plaintiff completed the delivery execution of each real estate listed in the separate sheet Nos. 1 through 8, and 10 on December 11, 2014.
F. The Plaintiff filed a lawsuit against the Defendant possessing the real estate listed in the separate sheet No. 9, which sought the transfer of the real estate listed in the separate sheet No. 2014Ga34799, and the said court rendered a judgment ordering the transfer of the said real estate on May 19, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 15, and Eul evidence No. 10 (including each number), and the purport of the whole pleadings
2. Determination
A. The plaintiff alleged by the parties concerned is about each of the instant real estate.