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(영문) 서울남부지방법원 2016.04.14 2015가합5171

유치권존재 확인의 소

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1. All of the plaintiff's primary and conjunctive plaintiff's claims are dismissed.

2. The costs of the lawsuit are the primary and conjunctive Plaintiff.

Reasons

Basic Facts

A party-related plaintiff is an individual who runs a building business, and a preliminary plaintiff is a corporation established on October 12, 2012 by the primary plaintiff for the purpose of running a building business.

D around early 2012, E purchased the instant real estate from E and had a real ownership, and the Defendant and the Appointor F are currently co-owners of the said real estate.

D The terms and conditions of the construction contract, attached to the said contract, state that “the owner D and the primary implementer shall be a joint project (paragraph (1))” and “D shall pay the construction amount as progress payment using the financial right of the second floor following the completion of the construction project, and shall pay the construction cost including the investment cost (paragraph (5)), with the financial right and the right of the occupancy after completion of the construction project.”

On February 14, 2014, at the same time, the auction of the instant real estate and the transfer of ownership were voluntarily decided to commence auction with G District Court G on February 14, 2014. In the auction procedure, the conjunctive Plaintiff reported the lien with the total of KRW 482,530,777 as the secured claim.

The instant real estate was sold to Defendant and Selection F during the said voluntary auction procedure, and the Defendant and Selection F completed the registration of ownership transfer on each of 1/10,9/10 shares due to the sale by voluntary auction on May 27, 2015.

[Ground of appeal] In the absence of dispute, Gap evidence Nos. 1, 2, 4, 5, Gap evidence Nos. 31-9, Eul evidence Nos. 1, 2, 3, and 8, and the court's commission of document delivery to the president of the District Court of the Republic of Korea as a result of the commission of document delivery to the president of the District Court of the Republic of Korea, the purport of the whole pleadings is the primary purport of the parties, and the conjunctive plaintiff's primary plaintiff's execution of civil engineering and construction work