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(영문) 부산고등법원(창원) 2016.09.08 2016나20506

유치권확인

Text

1. All appeals by the plaintiff (appointed party) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. On May 23, 2011, B Co., Ltd. (hereinafter referred to as “B”) lent money to Defendant Aju Credit Union, Spool Credit Union, and Spool Credit Union (hereinafter referred to as “Spool”) and its site was purchased in the process of voluntary auction and completed the registration of ownership transfer on the same day, and completed the registration of ownership transfer based on trust to the K non-Real Estate Trust Co., Ltd. (hereinafter “K non-Real Estate Trust”).

B. On August 31, 201, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) entered into a contract with the Plaintiff, setting the construction cost of the instant building from B (hereinafter “instant construction”) at KRW 3 billion and the construction period from September 15, 201 to May 30, 2012, with the terms and conditions that the Plaintiff was awarded a contract for the instant construction work.

C. On August 18, 2012, the Plaintiff entered into an additional contract on the instant building (hereinafter “instant additional construction”) with the period from August 18, 2012 to September 18, 2012, setting the additional construction cost of KRW 300 million for the additional construction cost, from August 18, 2012, the period from August 18, 2012 to September 18, 2012.

Design Ack Co., Ltd. (hereinafter referred to as "Sack Co., Ltd.") and design Ack Co., Ltd. (hereinafter referred to as "Design Ack").

) With respect to the instant construction and additional construction, J, L, country of corporation, N, R, and T were subcontracted to, or directly contracted to, the Plaintiff with, the Plaintiff. The Appointed D entered into a contract with the Plaintiff for exclusive use (a joint contract and an interior decoration work such as a new unit room, waste bags, etc.) in relation to the operation of the wedding hall of the instant building with B, and the Selection E entered into a lease agreement with B to operate the Lestop on the first floor of the instant building.

E. The designated companies, the design arche Company, and the design arche Company, with respect to the instant project, the Changwon District Court against the Plaintiff and B.