유치권부존재확인 및 건물인도
1. The request for intervention by an independent party intervenor shall be rejected;
2. The Defendants are listed in the separate sheet to the Plaintiff.
1. Determination as to the principal lawsuit
A. 1) The E Co., Ltd. (hereinafter “E”)
(1) Defendant B Co., Ltd. (hereinafter “Defendant B”) on February 18, 2011
(2) The construction period of the construction of a new building on four lots, other than F in Haan-gun, Haan-gun, Haan-gun, and the construction period of construction of a new building on four lots was determined and contracted as KRW 1.05 billion (value-added tax separate) from February 21, 2011 to May 30, 201 (hereinafter “instant construction contract”).
(2) Defendant B completed the steel structure construction around April 201 while constructing a factory building pursuant to the instant construction contract. However, Defendant B suspended the construction around that time, where Defendant B did not pay the pre-sale price. As seen above, Defendant B’s newly built factory building is each real estate listed in the separate sheet (hereinafter “instant building”).
(2) As to the instant building, registration of ownership preservation was completed in the name of E on November 26, 2012. On September 11, 2013, the Changwon District Court rendered a decision to voluntarily commence auction as Msan Branch G on September 11, 2013. The decision to voluntarily commence auction was completed on September 12, 2013.
(3) In the above auction procedure, Defendant B reported the lien by making the claim for the construction cost of KRW 775,407,530 as the preserved bond at the time of the above auction procedure. (4) The Plaintiff purchased the building of this case at the above auction procedure, paid in full the sale price on November 24, 2014, and completed the registration of ownership transfer on the building of this case on November 27, 2014.
5) As of the closing date of the pleadings in this case, Defendant B and Defendant B’s representative director, as of the date of the closure of the pleadings in this case, install a building unit on the access road to the building in this case, install containers on the side of the building in this case, thereby allowing access to the building in this case, and occupying the building in this case. [The grounds for recognition] There is no dispute, and Party A’s entries, 2, 6 through 8, 12, and 16 evidence, and Party B’s 2 through 4 (each entry and video including the serial number, and substantial facts and the entire pleadings in this court.