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(영문) 대전지방법원서산지원 2016.09.29 2015가합419

유치권부존재확인

Text

1. Of each real estate listed in the separate sheet:

(a) Defendant A and B with respect to each real estate described in paragraphs 1, 2, 4, and 5;

Reasons

1. Facts of recognition;

A. On December 12, 2007, H was awarded contracts with 655,367,400 won for construction of penta (hereinafter “the instant penta”) as shown in [Attachment I] Nos. 7 through 20 on each land listed in [Attachment I] List Nos. 1 to 6 by J (hereinafter “I”) and J.

H’s husband K became a guarantor for the instant construction work.

B. H subcontracted to Defendant A, B, C, D, E, and F Co., Ltd. (hereinafter “F”) the following works during the instant construction, or leased temporary materials:

The contractor shall pay the construction cost (cost and value-added tax) within the period of construction work within the period of April 10, 2008 to June 30, 2008, and within three months after the completion of April 10, 2008 to June 30, 2008, Defendant B shall be within the period of 3 months from April 10, 2008 to June 30, 2008 to June 31, 2008 to 30 June 30, 2008; Defendant C. 20. 8. 8. 4; 20. 8. 8. 8. 208; 20. 8. 3. 8. 8. 208; 20. 8. 3. 20. 8. 208 to June 20, 2008 to June 30, 2005;

C. Defendant G agreed to receive wages of KRW 250 million from November 2006 to May 2008, under employment by Defendant G as the site director of the instant construction from the I.D.

In addition, Defendant G spent the instant construction costs of KRW 129 million in total, including timber of KRW 17 million, steel of KRW 50 million, KRW 40 million, equipment equivalent to KRW 22 million, and equipment equivalent to KRW 22 million. Defendant G agreed to pay the said wages and expenses until May 31, 2008.

On February 15, 2008, the owner of the instant construction changed from J to L.

Upon completion of the instant construction, registration of preservation of ownership in L’s name was completed on October 24, 2008 with respect to each of the buildings listed in [Attachment List 7 and 8] of the instant pention, and the attached list.