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(영문) 광주고등법원 2018.06.20 2016나11874

유치권확인

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The Defendant’s representative G representative director G on March 28, 2011 (hereinafter “instant land”) is as follows: (a) the Defendant’s representative director G on March 28, 2011.

(2) On July 13, 2012, the Defendant concluded a contract with C Co., Ltd. (hereinafter “C”) for the extension of a building E on the instant land (hereinafter “instant construction”) and set the construction amount at KRW 5.5 billion and the construction period from July 7, 2012 to December 28, 2012.

(3) At the time of the instant contract, F signed the instant contract as a observer as a technical director and field manager at the time of the instant contract. (4) Article 29 of the instant contract agreement provides for a non-assignment agreement as follows:

(A) No rights or obligations arising from the contract of this case shall be transferred or delegated to a third party (transfer of rights or obligations) except when the written consent of the other party and the consent of the guarantor have been obtained. (b)

C around October 10, 2012, around October 10, 2012, C discontinued the instant construction with floor concrete construction and steel frame construction. From around that time, C’s land and buildings being extended on its ground (hereinafter “instant real estate”).

(2) On January 25, 2013, C, upon the delegation by C, assigned the instant contract, status, including the claim for construction cost (hereinafter “instant construction cost claim”) against the Defendant that incurred up to the time under the instant contract to F, and the right to retention on the instant real estate, and F, upon the delegation by C, notified the Defendant of the transfer of the said claim.

(c) Preparation of a written agreement between the defendant and F;

2.F. The instant work.