유치권 부존재 확인
1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.
2...
1. Basic facts
A. On March 20, 2015, Dongjin Global Co., Ltd. (hereinafter “Dongjin Global”) completed the registration of the establishment of a mortgage over each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by it on March 20, 2015, with respect to the respective real estate (hereinafter “each of the instant real estate”), the maximum debt amount of which is KRW 3,770,000,000,000,000,000,000 won,
B. On August 25, 2016, the Agricultural Cooperatives transferred the aforementioned collateral security and its secured debt to the Plaintiff, and completed the additional registration of the transfer of the said collateral security established on September 26, 2016 on the ground of the transfer of the finalized claim to the Plaintiff.
C. On October 28, 2016, the Plaintiff filed an application for a voluntary auction of real estate ( Daegu District Court Kimcheon-cheon Branch A) with respect to each of the instant real estate on October 28, 2016, the said court rendered a decision to commence voluntary auction on October 31, 2016, and completed the registration of the decision to commence voluntary auction as to each of the instant real estate on November 1, 2016.
(hereinafter “instant auction procedure”). D.
On January 13, 2017, 191,878,795 won at the auction procedure of this case reported a lien of which the claim for construction price is the secured claim on December 5, 2017.
(B) After this, the Defendant submitted the “written withdrawal of partial withdrawal of the report on the right under the lien,” and corrected the amount of the secured claim under the lien amount to KRW 138,60,000. [The grounds for recognition] [The fact that there is no dispute, each entry in Gap evidence Nos. 1, 2, and 3 (including each number, hereinafter the same shall apply), and the purport
2. Determination
A. In a passive lawsuit seeking confirmation of relevant legal principles, if the Plaintiff asserts that the cause of the debt occurred by specifying the Plaintiff’s claim first, the Defendant, the obligee, bears the burden of proving the facts constituting the elements of legal relationship. Therefore, in a lawsuit seeking confirmation of non-existence of a lien, the existence of the subject matter of the lien and the related claim.