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(영문) 수원지방법원안산지원 2016.04.28 2014가합25051

유치권부존재확인의 소

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1.With respect to real estate stated in the separate sheet in the case of application for voluntary auction of real estate E in the Suwon District Court Ansan Branch E,

Reasons

Facts of recognition

Around December 201, G Co., Ltd. (hereinafter “H”) contracted construction works (hereinafter “instant construction works”) to construct real estate listed in paragraph (2) of the attached Table No. 1 (hereinafter “instant land”) on the ground of the real estate listed in paragraph (1) of the same Table (hereinafter “instant land”).

Defendant Seabmerm Co., Ltd. (hereinafter referred to as “Chmerm”), Korea Fire Industry Co., Ltd. (hereinafter referred to as “Korea Fire Industry”), and Na River Power (hereinafter referred to as “Na River”), A, B, C ( or in order (hereinafter referred to as “Defendant 1, 2, 3, 4, 5, and 6”) entered into a contract or subcontract with Ha (hereinafter referred to as “I”) with respect to the instant construction work, or entered into a contract with Ha, and F entered into a subcontract with Ha. The contractual terms of each construction type are as listed below.

The value-added tax was not included in the contract date and the contract terms of the parties, and in some cases, the contract price was increased through the contract revision.

On April 25, 2012, Defendant 1: (a) on December 5, 2012, KRW 122,00,000; (b) Defendant 1-1; (c) on January 17, 2012, Defendant 310,000 for the installation of the Defendant’s fire industry; and (d) on January 16, 2012, KRW 320,000,000 for the installation of the Defendant’s fire industry; (b) 320,000,000,000 for 320,000,000,000 for 30,000,000 or less for 50,000,000 or less for Defendant A (J) on April 26, 2012; and (c) Defendant 20,000,000 or more for 305,00 or more of the instant trust contracts for the construction of 205, 201.