유치권부존재확인
1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.
2...
Around 2012, the key point of the Plaintiff’s assertion was that the Plaintiff entered into a contract with the Defendant for the change of the hospital structure with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).
However, the defendant does not occupy the real estate of this case after the suspension of construction without any justifiable reason, and there is no claim for the construction cost against the plaintiff.
Therefore, even though the defendant's lien on the real estate of this case does not exist, the defendant filed a false lien report on the claim for construction cost of KRW 202,330,000 in the Suwon District Court C, D's auction on the real estate of this case with respect to the above real estate, and thus, he/she seeks confirmation that there is no defendant's lien on the above real estate.
The summary of the defendant's assertion is that the defendant has a claim for the construction cost of KRW 202,30,000 against the plaintiff, and the payment order for the above claim has been finalized, so the plaintiff's assertion that there is no claim for the construction cost of the defendant is without merit.
Judgment
In a passive confirmation lawsuit, if the plaintiff asserts to deny the fact that the cause of the debt arises by specifying the claim first, the defendant, the creditor, bears the responsibility for assertion and certification concerning the requirement of the legal relationship.
(See Supreme Court Decision 2013Da99409 Decided March 10, 2016). In order for a lien to be established, a person holding a claim arising in relation to an object is required to possess another person’s goods or securities. Unless the Defendant proves that he/she occupies the instant real estate, even if the Defendant recognizes that he/she holds a claim for construction price of KRW 202,330,000 against the Plaintiff, the above assertion by the Defendant is without merit.
In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.