유치권부존재확인의 소
1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate stated in the separate sheet.
2...
Basic Facts
On October 11, 2007, with respect to each real estate (hereinafter “each of the instant real estate”) indicated in the separate sheet, owned by the Diplomatic Association Diplomatic Association D (hereinafter “D”) (hereinafter “Diplomatic Association”), the establishment registration was completed prior to the establishment of a mortgage on the ground of the mortgagee, the debtor, the Diplomatic Association, the maximum debt amount, 780 million won.
(B) On August 18, 2014, the Plaintiff filed an application for voluntary auction (hereinafter “instant auction”) with respect to each of the instant real property on the instant real property on the basis of the instant collateral security, and the said court rendered a decision to commence the auction on the same day and completed the registration of the entry of the said decision to commence the auction on each of the instant real property.
On November 3, 2014, Defendant A reported the lien at the instant auction procedure. The secured debt of the lien reported by Defendant A is the beneficial cost equivalent to KRW 85 million for the facilities of the first floor childcare center (hereinafter “instant childcare center”) among the buildings listed in the [Attachment No. 2] (hereinafter “instant building”).
On November 3, 2014, Defendant B reported the lien at the instant auction procedure. The secured debt of the lien reported by Defendant B is the claim for construction cost equivalent to KRW 56,700,000 based on the extension of the instant building and the interior construction contract.
【In the absence of any dispute, there is no right of retention claimed by Defendant A for the following reasons. The Plaintiff’s assertion as to the claim against Defendant A as to the existence of the entire purport of the pleading and the overall purport of the pleading and the written evidence of Evidence Nos. 1, 2, 6, and No. 1, 4, 5, 10, 11, and 13 (including the number; hereinafter the same shall apply).
Defendant A did not possess each of the instant real estates until the entry registration of the decision on commencing the instant auction was completed.
The right to demand reimbursement for beneficial costs arises only upon the termination of the lease, and the lease contract between Defendant A and D D D D Association has not been terminated, so the above right of retention is the same.