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(영문) 대구지방법원 2016.12.15 2015나309139
유치권부존재확인
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Scope of the judgment of this court;

A. In a case where the court of relevant legal principles omitted a judgment on a part of the claim, the court shall continue to render a judgment on the part of the claim (Article 212(1) of the Civil Procedure Act), and whether there is an omission of judgment shall be determined by the statement of the main text. In a judgment dismissing the claim, whether the judgment on the whole of the claim is stated in the main text shall be determined by taking into account the purport of the claim

B. (See Supreme Court Decision 2003Da13604 delivered on May 30, 2003).

Judgment

The plaintiff in the first instance court refers to "real estate 1", "real estate 2", "real estate 3" according to the sequences listed in the attached list.

The court of first instance filed a lawsuit to confirm the existence of a lien on B, and the court of first instance held that "the building of this case is less than 162m2 square meters per floor among the 2 real estate."

A) A judgment to confirm the existence of the right of retention is rendered only against the Plaintiff, and a judgment is not rendered against the remainder. Therefore, the part of the claim for the confirmation of existence of the right of retention against the remainder of the real estate, other than the instant building, among the real estate Nos. 1, 2, and 3, shall be deemed omitted from the judgment. If the judgment is omitted, the relevant part of the lawsuit is still pending in that instance (see, e.g., Supreme Court Decision 2009Du8199, Sept. 24, 2009).

2. Basic facts

A. In order to secure loan claims (hereinafter “mortgage claim of this case”) against Ansan-dong Agricultural Partnership Co., Ltd. (hereinafter “YYA”), the Industrial Bank of Korea (hereinafter “the Industrial Bank of Korea”) shall have KRW 1,560,000 as to the first real estate due to the contract concluded on April 10, 2009, with the obligor’s nature or maximum debt amount of KRW 1,560,000 as to the first real estate.

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