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(영문) 수원지방법원성남지원 2017.06.16 2016가합205249
유치권부존재확인
Text

1. Each of the attached list in which the Defendant reported the rights in the Suwon District Court, Sung-nam District Court B real estate auction case B.

Reasons

1. Basic facts

A. The New Bank Co., Ltd., a creditor of C (hereinafter “New Bank”), filed an application for voluntary auction with the Suwon District Court for each real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”), and received a decision on commencement of auction on October 6, 2015.

B. The Plaintiff acquired a claim and collateral security from the new bank with respect to C, and succeeded to the status of the new bank at the auction procedure around January 2016.

C. On May 12, 2016, the Defendant reported the lien on each of the instant real estate (hereinafter “instant lien”) at the instant auction procedure.

[Ground of recognition] Facts without dispute, entry of Gap's 1 to 6, 10 evidence (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s assertion that this case’s lien does not exist.

나. 피고의 주장 피고는 이 사건 각 부동산을 포함한 상가건물의 분양을 담당하면서 시행사의 요청을 받아 샷시공사, 전기공사, 인테리어공사비용을 지출하였음에도 그 공사대금을 지급받지 못했다.

Therefore, this case's lien was exercised with the claim for the above construction cost as the secured claim.

The Defendant promised D to resolve the construction cost by consulting D (C) with the owner of each real estate of this case, which is the owner of each real estate of this case. D did not implement the agreement.

3. In a passive confirmation lawsuit, if the plaintiff alleged that the cause of the debt occurred by specifying the plaintiff's claim first, the defendant, the creditor, bears the responsibility to assert and prove the fact that the legal relationship exists. Thus, in a lawsuit seeking confirmation of non-existence of the right of retention, the defendant must assert and prove the existence of the subject matter of the right of retention and the related claim. The Supreme Court Order on March 10, 2016.

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