유치권부존재확인의 소
1. The judgment of the court of first instance is modified as follows.
The plaintiff's lawsuit against the defendant and the plaintiff's successor's Attached Form.
1. Facts of recognition;
A. The Plaintiff, on May 10, 2006, extended a loan of KRW 1 billion for general loans and KRW 300 million for self-reliance deposit loans to B. As security for each of the above loans, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) with the Incheon District Court’s Reinforcement Registry No. 111109, May 8, 2006, the maximum debt amount of KRW 1,820,000,000 for each of the instant real estate as security for each of the above loans was received on May 8, 2006.
On December 4, 2012, the Plaintiff extended additional loans of KRW 440 million to B, and changed the maximum debt amount of the said right to collateral security to KRW 2,436,00,000 on December 3, 2012.
B. As the registration of destruction was completed on July 20, 2015 on the instant 3 real estate due to the destruction of the instant 3 real estate on the ground of the destruction on April 22, 2015, the registration of destruction was completed on July 20, 2015. On July 20, 2015, the additional registration of partial extinction of the joint collateral, which excluded the instant real estate from the joint collateral, was completed on July 20, 2015.
C. Upon failure to pay the principal and interest of loan to the Plaintiff, the Plaintiff applied for a voluntary auction (hereinafter “instant auction”) on real estate including real estate Nos. 1, 2, and 4 to the Incheon District Court D, and received a decision to commence the voluntary auction on February 19, 2016, and the record was registered on the same day.
On April 18, 2016, the Defendant reported the right of retention to the effect that the right of retention is a secured claim for the construction cost of KRW 534,600,000,000, which is the real estate for auction purposes during the auction procedure of this case where the Defendant reported the right of retention.
E. On October 13, 2016, after the closure of the first instance trial, the Plaintiff’s succeeding intervenor’s claim acquisition and collateral security transfer Plaintiff’s assertion against the Plaintiff’s succeeding intervenor B
A. The principal and interest claim as stated in paragraph (1) was transferred, and the notification was given to B on the same day.
Except for the real estate of this case No. 3 destroyed, this case No. 1, 2, 4.