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1. Of the instant lawsuit, the part of the Plaintiff’s claim for the confirmation of existence of lien against the Defendants is dismissed in entirety.
2...
Reasons
1. Basic facts
A. On June 9, 201, 201, the Plaintiff rendered a decision to voluntarily commence auction (Seoul District Court C) as to each of the instant real estate listed in the separate sheet No. 1 of the Plaintiff’s ownership acquisition B (hereinafter “instant land”). The real estate listed in the separate sheet No. 2 of the attached sheet No. 1, which is the above land and buildings, is “the instant building”; and when referring to the above land and buildings together, hereinafter “each of the instant real estate”). The Plaintiff completed the registration of ownership transfer as to each of the instant real estate on May 30, 2012 at the auction procedure.
B. The Defendants, who occupied the instant building, are the construction companies that received some contracts from B to extend and rebuild the instant building, and currently occupy the instant building.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 7, Eul evidence 8, Eul evidence 7, Eul's evidence 7 (including number , respectively) and the purport of the whole pleadings
2. The defendant Postalnet Co., Ltd. (hereinafter “Defendant Postalnet”) and the defendant Postal Engineering Co., Ltd. (hereinafter “Defendant Postal Engineering”) set up, separate from seeking delivery of each real estate of this case, to the effect that it is unlawful for the plaintiff to seek confirmation that there is no lien of the above Defendants on each real estate of this case, since there is no benefit of confirmation.
Therefore, regarding the legitimacy of the part of the claim for the confirmation of existence of a lien among the lawsuit in this case (whether the part of the claim for the confirmation of existence of a lien against the remaining Defendants other than the above Defendants is legitimate or not shall be examined ex officio) and the lawsuit for confirmation.