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(영문) 대전고등법원 2021.01.20 2020나14541

유치권 부존재 확인

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Reasons

The reasoning of the court's reasoning of the judgment of the court of first instance is as follows, with the exception of the provisions of paragraphs (4), (5) and (6) among the grounds of the judgment of the court of first instance, and therefore, the remainder of the reasoning of the judgment is identical to that of the judgment of the court of first instance. Thus, the court's reasoning of this case is acceptable in accordance with the main sentence of Article 420

Of the grounds of the judgment of the court of first instance, the witness Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q “.”

Of the reasoning of the judgment of the court of first instance, the contents from 16 to 7 of the 3th page are as follows.

2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is a contractor who has been awarded a contract for the construction of each real estate (hereinafter “instant building”) to which each of the instant real estate (hereinafter “each of the instant real estate”) belongs from G Co., Ltd. (hereinafter “G”) (hereinafter “instant real estate”).

Defendant B’s “A,” among the grounds of the first judgment of the first instance, Defendant B’s “B,” and the Defendants “B,” are different from each other.

The second list of the reasons in the first instance judgment of July 24, 2019, No. 13,420,000, 000 of the construction cost reported by the person reporting the lien (won) and the construction cost of Defendant B B B B B B C and Estre construction work, is as follows.

Of the reasoning of the judgment of the first instance, the part No. 4 (founded grounds for recognition) is raised as follows.

[Reasons for Recognition] In the first instance judgment, “A” in accordance with the evidence Nos. 22-26, A, and 3 in accordance with the evidence Nos. 3 in the judgment of the first instance, “A” is deemed to be “A” if the whole purport of the pleadings is added to the evidence Nos. 22-26, and No. 3 in the evidence No. 3 in the judgment of the first instance.

Of the grounds of the judgment of the first instance, the first instance court’s 7th page “A” in the first instance court’s 5, 16, 17, 27, and 28 as well as the overall purport of the evidence and alteration. < Amended by Presidential Decree No. 17508, Dec. 7, 200>