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(영문) 수원지방법원 2016.10.25 2016나57816

유치권부존재확인

Text

1. The plaintiff's appeal is dismissed.

2. Upon the selective claims added in the trial,

A. The defendant shall set forth the annexed Form 1 list.

Reasons

1. Basic facts

A. 1 Construction of the instant factory building) B Co., Ltd. (hereinafter “B”).

(3) On March 2, 2009, the Plaintiff acquired the ownership of the land listed in [Attachment 2] Nos. 1 through 4 on March 2, 2009 and set up a right to collateral security in the future of our bank on the same day, while constructing a factory building on each of the above lands (hereinafter “instant factory building”).

(2) On April 2, 2009, the Defendant contracted the construction of the factory building of this case to the Defendant. 2) B borrowed funds from the Bank of Korea (hereinafter “Korea Bank”) and offered them as security as the factory building of this case is completed, and the Defendant, as a joint guarantor of the factory building of this case, prepared a letter of intent not to claim any rights, such as lien and ownership, against the factory building of this case for the reason that the construction cost is unpaid.

3) The Defendant completed the construction of the instant factory building and completed the registration of initial ownership on December 24, 2009, and on the same day, B created a collateral on the instant factory building at our bank. B) In order to secure access roads to the instant factory building, B obtained approval for the use of the land, etc. listed in attached Table 1 Paragraph (1) (hereinafter “instant land”) adjacent to the instant factory building from the Korea Rural Community Corporation, while obtaining approval for the use from the owners of each land listed in attached Tables 2 and 3, which are connected to the instant land.

(2) On April 2, 2010, the Defendant obtained consent to use the land of this case 30 square meters among the land of this case from B on April 2, 2010, and carried out road construction works with a width of 6 meters on the land of this case (hereinafter “the access road of this case”).

C. The Plaintiff’s attached list 2 and the instant factory building’s ownership are acquired. The Bank of Korea.