유치권 확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. Judgment as to the defendant's defense prior to the merits
A. The plaintiff asserted that the plaintiff and the designated parties have a claim for the construction cost as stated in the claim against the defendant, since they completed the construction by being awarded a contract from the defendant for the new construction of the building listed in the separate sheet (hereinafter "the building of this case"), and that the plaintiff and the designated parties have the right to retention by occupying the building of this case as the preserved claim.
In this regard, the defendant asserts that the lawsuit of this case was filed against the defendant who is not the owner of the building of this case, and there is no interest in confirmation.
B. In a lawsuit for confirmation of judgment, there must be a benefit of confirmation as a requirement for protection of rights. The benefit of confirmation is acknowledged in cases where there is a dispute between the parties as to a legal relationship subject to it, and thereby, it is acknowledged that the receiving of a judgment of confirmation is the most effective and appropriate means to eliminate the risk of apprehension when there is apprehension or apprehension in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2014Da218511, Dec. 11, 2014). The right of retention is the right that the creditor may refuse to deliver the article by possessing the article against the owner of the article, until he/she
According to Gap evidence No. 3, since the ownership transfer registration on the instant building was completed due to the trust as of May 18, 2017, Co., Ltd. C and May 18, 2017, it is recognized that the Plaintiff seeking the confirmation of existence of a lien on the instant building against the Defendant who is not the owner of the instant building is an effective and appropriate means to remove the Plaintiff’s rights or legal status unstable risks.
2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.