유치권부존재확인 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On February 10, 2004, Nonparty C and D entered into a new construction contract with F Co., Ltd. (hereinafter “F”) in order to build the instant aggregate building (hereinafter “instant aggregate building”) and Defendant and G (hereinafter “Defendant et al.”) entered into a subcontract for the instant aggregate building (hereinafter “Defendant et al.”) with F and completed the instant aggregate building on June 10, 2005.
On June 10, 2005, registration of preservation of ownership was completed in the name of C on June 10, 2005 with respect to Hho, a real estate listed in the attached list among the instant condominiums (hereinafter “instant real estate”).
B. However, as the Defendant et al. failed to receive the construction cost under the above construction work, the Defendant et al. agreed to receive KRW 1,135,804,00 for the remainder of the construction work directly from C and D, the owner of the building, and agreed to exercise the lien on the instant aggregate building until the payment of the construction cost is made in full.
C. From June 2005, the Defendant et al. exercised the right of retention by attaching and occupying the marks indicating the exercise of the right of retention on the instant real estate from around June 19, 2005. On the other hand, the payment order was issued on October 19, 2005, stating that “C and D applied for payment order against each of the Defendant et al. with the Seoul East Eastern District Court 2005 tea167j1676, and paid for delay damages.” The above payment order became final and conclusive around that time.
Around October 5, 2005 with the consent of C on the lease of the instant real estate, etc., the Defendant, etc. determined that “A deposit of KRW 20 million,000,000, and the lease period of KRW 5,000 from October 5, 2005 to October 4, 2007, the Defendant, etc. agreed that “A lessee shall deliver the instant real estate to I at any time at the request of the lessor (holder), even if during the contract period, at any time during the lease period, and shall not deliver the instant real estate to any third party without the consent of the lessor.”
I The instant case.