유치권 부존재 확인
Defendant Counterclaim Co., Ltd., Defendant C, D, E, and F are the Plaintiff (Counterclaim Defendant).
(a) annex.
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. 1) The Plaintiff Co., Ltd. is a corporation established for the purpose of processing, subdividing, storage, warehousing, etc. of agricultural, fishery, and livestock products. 2) The Defendant Co., Ltd. (hereinafter “C”) is a corporation established for the purpose of sales business of steel bars, etc., Defendant D Co., Ltd. (hereinafter “D”) is a corporation established for the purpose of heating, wholesale, retail, etc., and Defendant B is a corporation established for the purpose of housing construction, etc.
B. 1) Nonparty G Co., Ltd. (hereinafter “G”) on the ground of the instant land
(3) Defendant B and the instant land freezing warehouse (hereinafter “instant freezing warehouse”)
In order to newly construct, the construction contract was concluded on April 30, 2009, such as land, complex construction, and structure installation, the construction contract for the freezing 3 stories above ground on July 8, 2009, the construction contract for the new construction of freezing 3 stories above ground on May 31, 2010, and the contract for the extension of the period of construction and the extension of the period of construction due to the modification of design on May 31, 2010. The Defendant B completed the construction of the instant freezing 2 on July 31, 2010. 2) G newly concluded a construction contract for the construction project for the extension of Defendant B and freezing 3 stories above ground to four stories above ground on December 10, 2010.
While Defendant B extended the freezing warehouse of this case pursuant to the above contract, a fire occurred in the freezing warehouse on October 30, 201 and part of the building was destroyed.
3) G and B entered into a contract with the reduction of the construction cost and extension of the construction period on two occasions on November 23, 2011 and December 9, 2011. (c) G’s commencement and abolition of rehabilitation procedures for G filed an application for rehabilitation with the Cheongju District Court 201 Joints21 on December 12, 2011, and the decision to commence rehabilitation procedures and to authorize the rehabilitation plan on January 3, 2012 was issued on September 3, 2012, and was issued on June 13, 2016. D. The decision to discontinue rehabilitation procedures for the instant land and the dispute between the Plaintiff and the Defendants were rendered on June 13, 2016.