beta
Text
1. It is confirmed that the defendant's lien does not exist with respect to the real estate listed in the attached list.
2...
Reasons
1. Basic facts
A. On June 16, 2016, Yecheon Agricultural Cooperatives (hereinafter “YAF”) completed the registration of creation of a neighboring real estate (hereinafter “instant real estate”) with the maximum debt amount of KRW 1,040,00,000 with respect to the real estate listed in the separate sheet owned by A (hereinafter “A”), and filed an application for a voluntary auction of the instant real estate (hereinafter “instant auction procedure”). On April 26, 2017, the registration of the voluntary auction decision was completed with respect to the instant real estate on April 26, 2017.
B. On December 14, 2017, the Plaintiff acquired transfer of the right to collateral security from the U.S. Nonghyup to A, and completed the supplementary registration of the transfer of collateral security on January 25, 2018 with respect to the registration of establishment of collateral security in the instant case.
C. In the instant auction procedure, on May 19, 2017, the Defendant reported that the instant real estate has a lien on the claim for construction cost of KRW 130,000,000 as the secured claim.
[Reasons for Recognition] Facts without dispute, entry of Gap 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings
2. Determination as to the cause of action
A. The possession of a right of retention constitutes a requirement for its establishment and the requirement for existence (Article 328 of the Civil Act). Generally, possession refers to an objective relationship in which it appears to fall under the factual control of the person in terms of social norms. It does not necessarily mean physical and practical control over an object, but must be determined in conformity with the concept of society by taking into account the time with the object, spatial relationship and principal right relationship with the object, possibility of exclusion from other people's control, etc. However, in order to have an objective relationship that belongs to such factual control, at least the other person's interference
Supreme Court Order 2008.3.27.