유치권부존재확인
1. The plaintiff's appeal is dismissed.
2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.
1. Basic facts
A. Each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) was the land owned by the New Bottleneck Development Co., Ltd. (hereinafter “New Bottleneck Development”).
However, on January 2, 2012, with respect to each of the instant land, the real estate auction procedure ( Daegu District Court Kimcheon-Support C, hereinafter “instant auction procedure”) was initiated and progress upon the application of the National Agricultural Cooperative Federation of Korea (hereinafter “CF”) on January 2, 2012, and the month thereafter.
3. The registration of the entry of the decision on commencing auction (hereinafter “the decision on commencing auction of this case”) was completed.
B. On July 31, 2013, the Plaintiff received a decision to permit the sale of each of the instant land at the auction procedure, and that year.
8. 29. The sale price was paid in full, and acquisition of ownership of each land has reached the present.
C. From February 21, 2010, the Defendant: (a) supplied and supplied civil engineering works (including landscape construction works; hereinafter “instant civil engineering works”) among golf course construction works on each of the instant lands from New Bottleneck Development to November 30 of the construction period (including value-added tax); and (b) had the construction work performed on October 15, 2010, the construction cost was reduced to KRW 8.648 billion, and the construction period was extended from January 22, 2010 to April 30, 2011.
On the other hand, from October 15, 2010, the Defendant: (a) determined construction cost of KRW 2,711,166,240 for golf course construction works on each of the instant land (hereinafter “instant landscape construction works”) from the new development to April 30, 201 for the construction period; and (b) concluded that the construction works were performed.
Around November 2010, the instant civil works and landscaping works (hereinafter “instant construction works”) were interrupted by the wind that New Bottleneck Development failed to pay the construction cost to the Defendant properly.
After that, the defendant, around May 201, is the Newcomforative Foundation from newcomforative Development.