beta
(영문) 제주지방법원 2018.06.14 2017가합12598

유치권 부존재 확인

Text

1. It is confirmed that the defendant's lien on the building listed in the attached list does not exist.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On July 19, 2002, B Village Association and C Co., Ltd. (hereinafter “C”) concluded a lease agreement with the Village Association to set the amount of KRW 30 million out of 281,256 square meters of D forest land owned by B before the subdivision for the construction and use of the buildings listed in the separate sheet (hereinafter “instant building”). From July 19, 2002 to July 18, 2005, with a period of KRW 5 million from July 19, 2002, for the purpose of the construction and use of the buildings listed in the separate sheet (hereinafter “instant building”).

On August 3, 2002, the area of 9,917 square meters, which is the leased part under the above lease contract, was divided into E forest land in Seopo-si on August 3, 2002. On October 11, 2003, the land category was changed and registration conversion was made to the F warehouse site in Seopo-si, Seopo-si.

B. The construction of the instant building and the creation of the building ledger are agreed to newly construct the instant building in the name of the Village Association B, and then entered into a construction contract with G on behalf of the Village Association on August 10, 2002, between G on behalf of the Village Association and G on behalf of the New Construction of the instant building with the cost of KRW 400 million, following year:

8. 23. Construction permit of the building of this case was obtained in the name of the Village Association B from the Seopo-si City.

G around October 24 of the same year, around October 24, 198, commenced and completed the new construction of the building of this case, and received the construction cost under the said construction contract.

Since then, the building ledger, the owner of B Village Association, was drafted around September 24, 2003, but the registration of preservation of ownership was not made until December 2008.

C. The loan and loan transaction agreement between the excellent mutual savings bank and C, and related litigation 1) the excellent mutual savings bank (hereinafter referred to as the “ excellent mutual savings bank”)

Around April 24, 2003, upon entering into a loan loan transaction agreement with C and making a total of KRW 99,906,432 on eight occasions, at an annual interest rate of 9.9%, annual interest rate of 21%, annual interest rate of damages for delay, and April 24, 2004. H and I jointly and severally guaranteed the above loan obligations of C on the same day. 2) The loan obligations of H and I were jointly and severally guaranteed by C and C.