유치권 부존재 확인
1. Defendant B in the Chuncheon District Court E and F (Dual) auction of real estate, May 8, 2018, and Defendant C Co., Ltd. on May 2, 2018.
1. Presumed factual basis
A. On August 19, 2016, the Plaintiff completed the registration of creation of a neighboring mortgage on each of the lands listed in the separate sheet owned by G (hereinafter collectively referred to as “instant land”) with respect to the maximum debt amount of KRW 1.326 billion, debtor G, and mortgagee as the Plaintiff.
B. As to the instant land, the registration of the entry of the decision on commencement of compulsory auction was completed on November 2, 2017 upon Defendant B’s application for compulsory auction on November 1, 2017 upon receipt of the decision on commencement of compulsory auction (F) and the registration of the entry of the decision on commencement of compulsory auction was completed on November 2, 2017, and the registration of the entry of the decision on commencement of voluntary auction was completed on November 16, 2017 upon the Plaintiff’s application for an auction to exercise the security right.
The above two auction procedures were conducted by double auction.
(hereinafter referred to as "the auction procedure of this case" is deemed to be "the auction procedure of this case").
In the instant auction procedure, Defendant B, on May 8, 2018, deposited the lien with the claim for construction cost (445,790,000 won) as the secured claim; Defendant C Co., Ltd. was changed to “C Co., Ltd.”; on February 26, 2016, Defendant C Co., Ltd. was changed to “C Co., Ltd.”; and on October 29, 2018, Defendant C Co., Ltd. was changed to “C Co., Ltd.”).
(hereinafter referred to as “Defendant C”) on July 2, 2018, on which the claim for construction cost (567,00,000 won) was the secured claim, and on July 6, 2018, the Defendant D Co., Ltd. (hereinafter “Defendant D”) reported the lien on the secured claim (131,200,000 won) as the secured claim.
Defendant D was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 11, 2017, and H was the representative director of Defendant D at the time of dissolution.
【Non-contentious facts, Gap evidence Nos. 1, 2, 3, 7 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 1, 4, 6, and 7, and the purport of the whole pleadings
2. The parties' assertion
A. On the following grounds, the Plaintiff’s assertion that there was no lien reported by the Defendants, and thus, the Defendants confirmed the absence of the relevant lien.