유치권부존재확인
1. All appeals by the Defendants are dismissed.
2. The costs of appeal shall include the costs resulting from the participation in the appeal.
1. Basic facts
A. On January 21, 2013, 201, Korea Bank applied for a voluntary auction of real estate as the mortgagee of the instant real estate owned by Limited Company E (hereinafter “E”), and obtained a decision of commencing a voluntary auction from the above court on January 21, 2013. On March 28, 2013, the Plaintiff acquired the right to collateral security and the right to collateral security from Korea Bank Co., Ltd. on which the said auction procedure was in progress. On November 24, 2014, the Plaintiff’s Intervenor acquired the ownership of the instant real estate by obtaining a decision of permission of sale in the instant real estate auction case.
B. Defendant B reported the right of retention in the instant real estate auction case on December 4, 2013, alleging that the construction work on the instant real estate was performed under a contract by E, but did not receive construction cost of KRW 21,00,000,000.
C. Defendant C reported the lien in the instant real estate auction case on December 4, 2013, asserting that, although he was awarded a contract for Grandland construction with respect to the instant real estate by E, he did not receive KRW 157,00,000 for the remainder of the construction.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1 to 5, Gap evidence 6, 7-1, and Gap evidence 1-1
2. The assertion and judgment
A. The Defendants asserted that the instant real estate had a lien on the instant real estate since the Defendants performed the Electric Power Team Corporation and Grandland Construction Work on the instant real estate, but failed to receive the construction cost, and since December 2012, occupied the instant real estate.
As to this, the Plaintiff did not have the secured debt of the lien reported by the Defendants because it is difficult to view that the Defendants actually carried out construction of the instant real estate, and it is also deemed that the Defendants occupied the instant real estate before January 21, 2013, which is the starting date of auction for the instant real estate.