유치권확인
1. The Plaintiff: (a) 187,897,428 won with respect to the operation among the buildings indicated in the annexed Form on the ground of 1816 square meters on the land in Chungcheongnam-gun, Chungcheongnam-gun; and (b)
1. Basic facts
A. On May 21, 2012, Co., Ltd., Ltd.: (a) concluded a contract with the Plaintiff on May 21, 2012 by setting the construction cost of KRW 1.847 billion (excluding value-added tax) for a multi-household building with a reinforced concrete structure of a total floor area of 1,821.12 square meters on the ground of 1816 square meters (hereinafter “instant land”); and (b) from May 25, 2012 to December 30, 2012, with the construction period of KRW 1.84 billion (excluding value-added tax).
B. On September 2012, 2012, the Plaintiff suspended the instant construction work, and at the time, among three buildings at the time, up to the floor construction of the second floor; up to the 2nd floor structure of the building; up to the 2nd floor structure and the studs assembly construction of the first floor structure of the building; up to the 3rd floor construction of the multi-unit building; and the construction cost therefrom are as listed below.
(hereinafter referred to as "Dong building", "Na Dong building", and "Da Dong building" are collectively attached to each Dong, and all of them are referred to as "the building of this case". It refers to 27.894% 17.87,436,116NaNa 23.888% of Dong 23.838% of Dong 160,328,182, 30.171% of Dong 30.171% of Dong 208,426,890 of Dong 30, 208,426,426,890 of Appurtenant offices, container storage, mobile storage, portable temporary storage, prefabricated fence, prefabricated fence, sewage, U-type thorium, excellent pipes, sewage pipes, sewage pipes, L-type retaining wall installation, and city water pipes connected construction.
32,202,445 Won 578,393,633
C. On November 16, 2012, upon the application of the agricultural cooperative, which is the right to collateral security, the registration of the voluntary decision on commencement of auction was completed on the same day after the voluntary auction procedure for the instant land (hereinafter “instant auction procedure”). D.
On January 9, 2013, the Plaintiff filed a lien with the above auction court by asserting that the construction price had not been paid even after construction of the instant building was newly built.
E. On August 27, 2013, the Defendant received a successful bid of the instant land at the instant auction procedure, and pays the proceeds therefrom.