유치권 부존재 확인 등 청구
1. Of the judgment of the first instance, the part against the Plaintiff and the Defendant is changed as follows.
The defendant is against the plaintiff 52.
1. Facts of recognition;
A. E owned each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”). However, the New Credit Union, the first priority mortgagee of each of the instant real estate, applied for the commencement of the auction procedure on each of the instant real estate.
Accordingly, on June 16, 201, the Cheongju District Court rendered a decision to commence a voluntary auction procedure (hereinafter “instant auction procedure”) with F on June 16, 201, and the co-defendant B of G, H, and the first instance court asserted that each of the instant real estate had a claim for construction price against E, and reported it to the lien holder at the instant auction procedure around September 201.
B. On February 3, 2012, I, who was the second mortgagee of each of the instant real estate, claimed that “G, H, and B shall not have any lien on each of the instant real estate,” and filed a lawsuit against G, H, and B seeking confirmation of existence of each lien. The Defendant asserted that “G shall seek confirmation of the lien, as it exercises any right of retention on the part of G’s claim for construction payment against E,” and participated as an independent party to the said lawsuit.
[Cheongju District Court 2012Gahap935, 4142 (Appeal to Intervention as Independent Party)]
On January 18, 2013, B, the Defendant’s lien exists, and H’s lien is nonexistent, and H transferred the claim for construction price and possession to the Defendant. As such, G was sentenced to a judgment that there is no lien. Although I appealed, on September 10, 2013, the judgment dismissing the appeal (Seoul High Court (Cheongju), which was sentenced on September 28, 2013, was finalized on September 28, 2013.
On January 3, 2014, the Plaintiff acquired ownership by purchasing each of the instant real estate at the instant auction procedure.
E. Meanwhile, the Defendant is residing in the instant building 202 by the date of the closing of argument in the trial.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2-1 to 4, 3 through 5, 7, 9, 16, and 19-4 to 6.