유치권부존재확인청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. L. L. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E.C.) had completed registration of establishment of each maximum debt amount of 12.
B. On April 10, 2012, the Defendant entered into a contract for construction works and completed the construction works of the instant building on the following grounds: (a) from April 16, 2012 to October 30, 2012; and (b) the construction cost of KRW 528,00,000 (value-added tax separate); and (c) around November 201, 2012:
C. 1) On May 7, 2013, an industrial bank filed an application for voluntary auction with respect to each of the instant real estate on May 7, 2013, and the decision to commence voluntary auction (hereinafter “instant auction procedure”).
(2) On January 21, 2013, when the instant auction procedure was in progress, the Defendant filed a report on the right by asserting that the instant building is a lien holder with respect to the claim for construction price of KRW 528,00,000,000 as the secured claim.
3) The Plaintiff participated in the instant auction procedure on March 26, 2015, and was awarded a successful bid for each of the instant real estate and the instant building. D. On December 12, 2014, E, to whom the claim for the above-mortgage loan against Esteteck was taken over, was taken over, the instant real estate and the instant building.
In the instant case, the Defendant filed a lawsuit seeking confirmation of existence of the lien against the instant building.