유치권부존재확인
1. All appeals filed by the Defendant-Counterclaim Plaintiff and the Defendant-Counterclaim Claim filed in the trial are dismissed.
2...
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On March 2014, the Plaintiff awarded a contract to the Defendant for electrical construction (hereinafter “instant construction”) among the new construction works of a building listed in the attached Form (hereinafter “instant building”) to KRW 224,290,000 (including value added tax) and agreed to pay KRW 110,00,000 among them to the Defendant within 15 days after completion of the 5th structural frame, and the remainder of KRW 114,290,000 among them was paid within 15 days after completion of the construction.
B. On April 30, 2014, the Plaintiff paid the Defendant KRW 40,00,000 in total, including KRW 5,000,000,000, and KRW 20,000 on May 21, 2014, and KRW 15,00,000 on June 18, 2014.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. The parties' assertion
A. Plaintiff 1-B’s KRW 40,00,00 as part of the construction cost was paid in advance to facilitate the construction work and meet the deadline for the completion of construction. The Defendant discontinued the construction work without completing the construction work corresponding to the above amount, left the site, and did not occupy the building of this case at present. Thus, there is no Defendant’s lien on the building of this case.
B. Although the Defendant executed the instant construction until the completion of the structural construction of the fifth floor of the instant building, the Plaintiff did not pay the amount calculated by subtracting the above KRW 40,000,000 from the intermediate payment cost of KRW 110,000 under the pretext of part payments.
Accordingly, the defendant has exercised the right of retention on the building of this case with a claim equivalent to KRW 58,00,000, out of the remainder of the above payment as the secured claim. The plaintiff was deprived of the defendant's possession on the building of this case immediately after the plaintiff filed the lawsuit of this case.
Therefore, the Defendant’s lien on the instant building still remains in existence, and the Plaintiff is obligated to deliver to the Defendant the first floor of the instant building pursuant to Article 204 of the Civil Act.
3. Determination
A. According to the facts of paragraph 1, the Defendant performed the instant construction work.