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(영문) 대구고등법원 2017.11.24 2016나23534

유치권부존재확인

Text

1. Revocation of the first instance judgment.

2. The primary claim in this case and the conjunctive claim added at the trial.

Reasons

1. Basic facts

A. On Nov. 23, 2007, the Industrial Bank of Korea completed the registration of creation of a neighboring mortgage of KRW 10,80,000 with respect to D factory site 7,987§³ owned by the non-party company (hereinafter “the non-party company”) in order to secure loans against C Co., Ltd. (hereinafter “non-party company”) on Nov. 23, 2007, and completed the registration of creation of a neighboring mortgage of KRW 10,80,000 with respect to D factory site 7,987§³ owned by the non-party company (hereinafter “the non-party company”) on Apr. 25, 2008; ② on Apr. 25, 2008, building A Dong-dong building (the general factory of the first floor steel structure) on the non-party company site 2,963.68 square meters on Apr. 26, 2008; completed the registration of the alteration of the general steel structure (the office building) of the three-story structure).

(hereinafter “the above factory mortgage”). On January 14, 2010, the Industrial Bank of Korea added the old factory B-dong building on the factory site in the above Gu-U.S. factory site in the above Gu-U.S. on the joint mortgage of the above factory on January 14, 2010.

(hereinafter referred to as the above building A, the above building C, the above building C, and the above building B, the above building B, the above building, and the above building B, and the above building A, B, and C, the above building collectively, were referred to as the "existing building."

On December 16, 2011, the Defendant: (a) as between the non-party company and the non-party company, the Defendant removed the PE/PV of the non-party company’s installation work from the non-party company to the factory site at the time of the above Gu-U.S. (hereinafter “the above installation relocation work”); (b) the existing B-dong building, etc. on the land for the factory at the time of the above Gu-U.S. factory at the time of the above Gu-U.S. building; and (c) newly constructed the two factory building on the said new building; and (d) installed the new installation work at the said new building (hereinafter “the instant construction work”).