유치권부존재확인
1. Attached Form A stating that the Defendant reported his/her rights on January 9, 2014 with respect to the case of Gu Government District Court A real estate auction.
1. Basic facts
A. From September 27, 1985 to September 8, 2008, the Industrial Bank of Korea completed the registration of creation of a neighboring mortgage on each real estate listed in the separate sheet (hereinafter “each real estate of this case”) in order to secure B’s loan principal and interest on several occasions against the Yangyang Industry Promotion Co., Ltd.
B. On April 15, 2013, the registration of ownership transfer was completed in the name of C with respect to the building listed in [Attachment List 3 through 6].
C. On October 23, 2013, the Industrial Bank of Korea delayed the repayment of the principal and interest of loans, and applied for an auction to exercise a security right to each of the instant real estate, and on October 25, 2013, the Jung-gu District Court rendered a decision to commence auction on October 25, 2013 (hereinafter “instant auction procedure”).
The Plaintiff acquired loan principal and interest from the Industrial Bank of Korea, which is the secured claim of the right to collateral security, from the Industrial Bank of Korea, and was transferred to the Industrial Bank of Korea.
E. Meanwhile, in the instant auction procedure, the Defendant filed a lien by asserting that there was a claim for the installation cost of wastewater discharge facilities related to each of the instant real estate.
F. In the instant auction procedure, as a result of the investigation by the enforcement officer on November 4, 2013 on the current status of the objects of auction, the instant land was investigated into the possession of D Co., Ltd. and third parties, and the remaining real estate by D Co., Ltd.
G. On May 29, 1979, the Defendant obtained a permit to install wastewater discharge facilities on the ground of the instant land from the Dongducheon City, and currently installed wastewater discharge facilities (hereinafter “instant facilities”) on the ground of the instant land.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4 (each number is included; hereinafter the same shall apply), Gap evidence Nos. 3-1, 2, Eul evidence Nos. 2 and 13, and the purport of the whole pleadings
2. The gist of the parties' assertion is that the facility of this case is operated by the defendant.