beta
Text
1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.
2...
Reasons
1. Basic facts
A. As to each of the real estate listed in the separate sheet owned by Ptomap Co., Ltd. (hereinafter “each of the instant lands”), the E.N. C. E. E. E. E.C. te. was voluntarily ordered to commence auction on July 6, 2016, and the entry registration was completed on the same day. On July 7, 2016, the K. Bank received voluntary decision to commence auction from the Suwon District Court C on the same day, and the entry registration was completed on the same day. Since each of the above auction cases was conducted by double auction.
(hereinafter “instant auction procedure”). B.
In the instant auction procedure, on September 19, 2016, the Defendant reported a lien of KRW 277,000,000, as the construction works for the new construction of a building on each of the instant land on each of the instant land, with the claim for construction cost of KRW 277,00,000 as the secured claim, and on October 21, 2016, the Plaintiff reported that it acquired the right to collateral
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 2, 3, and 6 (including each number), the purport of the whole pleadings
2. The Defendant’s judgment on the defense of this case is not the land of this case, but only exercising the right of retention on the land of this case (hereinafter “the warehouse of this case”) and there is no dispute as to the non-existence of the right of retention on each land of this case, and thus, the lawsuit of this case is unlawful as there is no benefit of confirmation.
In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized when a judgment of confirmation is the most effective and appropriate means to remove the plaintiff's rights or legal status in danger and danger. In a lawsuit for confirmation, a person who causes or is likely to cause apprehension and danger in the plaintiff's rights or legal status has the eligibility as the defendant.
(see, e.g., Supreme Court Decision 2006Da68650, Feb. 9, 2007). Welves, as well as each of the instant lands.