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(영문) 대전고등법원 2017.02.09 2016나10856

유치권부존재확인

Text

1. Revocation of a judgment of the first instance;

2. Attached list A in the case of the voluntary auction of real estate A with the Daejeon District Court in astronomical District Court A.

Reasons

1. Basic facts

A. The Defendant concluded a construction contract on May 31, 2004 and the construction modification contract on August 27, 2004 with the Chang SPP Co., Ltd. (hereinafter “ Chang SPP”), with the content that the construction cost of KRW 1.1 billion and the construction period from June 7, 2004 to December 31, 2004 (hereinafter “instant building”).

(hereinafter referred to as the “instant contract”). The Defendant completed the instant building in accordance with the instant contract, and the registration of ownership preservation was completed on January 5, 2005 at Chang S. S. P.

B. On November 16, 2009, the Daejeon District Court rendered a voluntary decision to commence the auction on the instant building B.

On April 14, 2010, the Defendant reported a lien of KRW 560,000,000 out of the construction price of the instant case as the secured claim in the said voluntary auction procedure.

C. On January 10, 2012, 201, an unclaimed Dok-do Co., Ltd. (hereinafter “unopen Dok-do”) received a decision to permit the sale of the instant building in the said voluntary auction procedure.

On January 30, 2012, the Defendant submitted a written withdrawal of the right of retention to the auction court on January 30, 2012, which received a proposal from the non-open Do governor stating that the instant construction cost will be paid upon the withdrawal of the right of retention. However, on February 13, 2012, the Defendant again submitted the lien report on February 13, 2012.

On March 8, 2012, the non-do governor paid the proceeds from the sale of the building of this case.

On the same day, the defendant, Chang S. S.P. and Kim Jong-do chief prepared a letter of agreement (Evidence B; hereinafter referred to as "the letter of agreement in this case") stating that "the debtor Chang S. S. S. P. will pay KRW 50 million to the defendant for the debt of KRW 560 million until March 15, 2012, KRW 250 million until March 14, 2013, KRW 200 million until March 14, 2013, and KRW 260 million until March 14, 2014, and the letter of agreement stating that "the letter of agreement in this case shall be jointly and severally and severally and severally surety it" (Evidence B; hereinafter referred to as "written agreement in this case").

In addition, on the same day.