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(영문) 대구지방법원안동지원 2017.09.14 2016가합308

유치권부존재확인

Text

1. The defendant shall deliver to the plaintiffs the real estate stated in the separate sheet.

2. The costs of lawsuit shall be incidental to participation.

Reasons

1. Basic facts

A. Buildings indicated in the separate sheet (hereinafter “instant building”) between the Intervenor joining the Plaintiffs and the Defendant’s formation of contractual relationship

(1) The supplementary intervenor of the Plaintiffs, the owner of the building permit, (hereinafter referred to as the “participating”)

) On July 31, 2015, the development of the Mapo Industry Co., Ltd. (hereinafter referred to as “the development of the Mapo Industry”).

(1) On December 30, 2015, the instant building construction work (hereinafter “instant construction work”) is determined as KRW 3 million per the average construction cost, and as of December 30, 2015 as of the completion date.

(2) the contract agreement to contract, (2) the cost of construction KRW 1.6 billion, and on February 20, 2016, the date of completion and E-LL of the Gyeongbuk-gun (hereinafter referred to as “nutrition-gun building”).

) New Construction Work (hereinafter referred to as “Nutrition”);

(B) A contract agreement was entered into, and around August 2015, 2015, with the payment of construction cost of KRW 1.6 billion for the development of the soil industry, and the FF Loan Construction Corporation (hereinafter referred to as the “F Corporation”).

(2) On October 27, 2015, after entering into each of the above contracts, the Plaintiff entered into a contract to transfer the status of the contractor under each of the above contracts to the Defendant. The Defendant, with the consent of the Intervenor, performed each of the above construction around that time.

B. On February 19, 2016, the Intervenor drafted a letter of undertaking with respect to the instant construction, nutrition group construction, and F works. On February 29, 2016, the Intervenor agreed to pay KRW 81 million for the instant construction works. 2. The final agreement is reached on KRW 4.5 million for the instant construction works. 7. The total construction cost of the nutrition group construction works is KRW 1.668 billion, which was reduced from KRW 1.6 billion to KRW 1.68 billion for the loaned construction ( KRW 2 million for each household x 1.66 households, total 32 million). The Defendant completed the construction works by March 10, 2016 until February 29, 2016.