유치권존재확인의소
1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
A. Attached Form 2(s) 1 and 1(s) of each real estate listed in the separate sheet 1.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff and a limited liability company’s conclusion of a contract for the national comprehensive construction (hereinafter “national comprehensive construction”) and the assumption of the obligation of the pertinent national industry 1) the national comprehensive construction is each real estate listed in the separate sheet 1 (hereinafter “the entire land of this case”).
) Of the attached drawings Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 11 of the attached drawings Nos. 2, the apartment site of this case is 6,712 square meters (hereinafter “the apartment site of this case”).
A) On the ground, the construction of a new apartment unit on the ground (hereinafter “instant construction”)
(1) The non-party limited liability company (hereinafter referred to as the “non-party limited liability company industry”).
(2) On February 14, 2014, the Plaintiff concluded a construction machinery lease agreement (hereinafter “instant lease agreement”) that leases construction machinery at the construction site of this case to the State General Construction on a deposit basis of KRW 159,00,000, and the payment period of usage fees for construction machinery owned by the Plaintiff (a registration number: K: 6512, K: 6512).
3) From February 28, 2014 to October 2014, the Plaintiff was paid the rent of KRW 137,973,800 on ten occasions, and the Plaintiff was paid KRW 63,860,00 on two occasions from the national comprehensive construction. 4) The national comprehensive construction renounced the instant construction on October 20, 2014, and the said national industry assumes the obligation of the Plaintiff of the national comprehensive construction based on the instant lease agreement.
B. On August 6, 2015, the registration of the decision on commencement of auction was completed on August 6, 2015 according to the voluntary decision on commencement of auction as of August 5, 2015 by the Jeonju District Court, a creditor of the entire land of this case, including the instant apartment site, and the registration of the decision on commencement of auction was completed. 2) The Defendant-Counterclaim Plaintiff and the Plaintiff-Counterclaim Plaintiff.