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(영문) 청주지방법원충주지원 2008.10.31 2008가합238

유치권부존재확인

Text

1. It is confirmed that the defendants' lien does not exist with respect to the attached real estate indicated in the attached real estate.

Reasons

1. The following facts may be found in full view of Gap evidence 1 to 6, Eul evidence 1 to 10 (including each number), witness I and J's testimony, and the whole purport of the arguments as a result of fact inquiry into the loyalty market in this Court:

(1) On November 3, 2003, I purchased each land (hereinafter “instant land”) listed in the No. 1 and 3 of the attached real estate in the name of K, and concluded a construction contract with the Defendants (excluding Defendant G; hereinafter the same shall apply) from April 1, 2004 to November 2, 2004, by deciding to newly construct a hotel on the ground of the instant land (hereinafter “instant hotel”).

The Defendants completed the instant hotel construction from around 2004 to February 2005 in accordance with the above construction contract, and I completed the registration of preservation of ownership of the instant hotel on February 1, 2005, and operated the hotel with the trade name of “L hotel”.

Secondly, the Defendants did not receive only the remainder of KRW 1,129,50,00,00 in the amount paid in the separate sheet No. 2 attached hereto from I, and on November 18, 2006, held a L hotel construction business operator meeting and possessed the instant hotel from I, thereby exercising the right of retention, and decided to delegate the right of retention to M who is the representative of the Defendant A Co., Ltd.

Around that time, M took delivery of the hotel in this case from I, and affixed to the wall of the building a banner stating “this building is the construction firm’s honor to hold in possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of possession of the

(v) in addition, M is also a security deposit for the hotel of this case to J on November 30, 2006.