유치권부존재 확인
1. Claim for construction cost of KRW 456 million shall be the secured claim regarding the real estate listed in the separate sheet.
1. On July 15, 2014, the Plaintiff’s assertion is a creditor of A, the owner of the real estate indicated in the attached list, and the mortgagee of the above real estate, who applied for a voluntary auction of the real estate B located in the Busan District Court, Dong branch branch of the Busan District Court, and currently under the auction procedure. The real lien holder of the above real estate was a construction company, but the Defendant reported a lien of KRW 456 million as the secured claim for the construction price of the above real estate against A and C, and failed to report it.
Since the Defendant continues to have a large amount of lien to observe the above auction, the Plaintiff sought confirmation of the absence of the above lien against the Defendant.
2. The judgment of the defendant shall pay the construction cost to the subcontractor who directly performed the construction work on the real estate listed in the separate sheet, and after the acquisition of the above real estate and the right thereto, the defendant alleged that the above real estate is a legitimate lien holder who possesses the above real estate, but there is no evidence to acknowledge the defendant's right of retention, and since there is a benefit of confirmation in dispute by the defendant, the plaintiff'