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(영문) 청주지방법원충주지원 2016.08.18 2015가단7285

유치권부존재확인

Text

1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

Reasons

1. Indication of claim;

A. In the Cheongju District Court’s Cheongju District Court’s Cheongju District Court’s Cheongju Branch, the Plaintiffs acquired the ownership of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) by fully paying the purchase price on October 8, 2015. The Defendant reported the lien that G did not receive KRW 44,00,000 for the construction cost related to civil engineering works and landscaping, building appearance construction works, etc. at the above auction procedure.

B. According to the record of the right of retention filed by the Defendant, there is no objective data concerning the construction cost claimed by the Defendant, and when examining the details examined by the enforcement officer in the above auction procedure, each of the instant real estate is possessed by G only by G, and it seems that the Defendant did not possess any possession, and thus, the Defendant’s right of retention has not been established or extinguished. Accordingly, the Defendant’s right of retention on each of the instant

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;