유치권부존재확인의 소
1. It is confirmed that the Defendants’ lien does not exist with respect to each real estate listed in the separate sheet.
2...
1. Basic facts
A. The National Federation of Fisheries Cooperatives (hereinafter “the Fisheries Cooperatives”) completed the registration of the establishment of a neighboring mortgage on December 31, 2010 with respect to each real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”), each of which refers to the land listed in the separate sheet Nos. 1 and 2, and the building listed in the separate sheet Nos. 3, 8,997,300,000, the debtor, C, and the D, and the D, the D, the D, the D, the D, the D, the D, the D, the D, the D, the D, and the D, the D, each of which is the establishment of a mortgage on January 3, 201.
B. On October 26, 2011, the Plaintiff acquired the aforementioned secured claims and each of the above secured claims from the Suhyup, and on October 29, 201, the registration of the establishment of each of the above secured claims was completed on September 29, 201 (hereinafter “each of the instant secured claims”).
C. On October 22, 2015, the Plaintiff filed an application for the auction of the real estate for each of the instant real estate with the Incheon District Court D, and the said court rendered a decision to commence the auction of the real estate for each of the instant real estate (hereinafter “instant auction procedure”) on October 23, 2015, and on October 23, 2015, the registration of the decision to commence the auction of the real estate for each of the instant real estate was completed.
In the procedure of the instant voluntary auction, the Defendants’ lien report 1) Defendant Jinby Electric Engineering Co., Ltd. (hereinafter “Defendant Jinby Electric Power”).
(2) On June 16, 2016, Defendant A reported the right of retention as to each of the instant real estate by designating KRW 288,670,225 as the claim for remodeling construction price of the instant building as the secured claim during the instant voluntary auction procedure. (2) Defendant A reported the right of retention as to each of the instant real estate during the instant voluntary auction procedure. Defendant A as the secured claim on August 10, 2016 in the instant voluntary auction procedure.