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(영문) 수원지방법원 2018.05.25 2017가합19398

유치권존재확인청구

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 31, 2016, with respect to each real estate listed in the separate sheet 1 (hereinafter referred to as the “multi-family house in this case”) recorded in the Plaintiff’s name in the Plaintiff’s Schedule D, the procedures for compulsory auction was initiated by Suwon District Court E on August 31, 2016, and each real estate listed in the separate sheet 2 (hereinafter referred to as the “multi-household house in this case”) recorded in the name of D was jointly conducted after the voluntary auction procedure was initiated with the Suwon District Court F on December 27, 2016.

(hereinafter “instant auction procedure”). On May 12, 2017, the Plaintiff filed a lien on the instant multi-household housing with the claim for construction cost of KRW 250,000,00 as the secured claim, asserting that the Plaintiff occupied G, H, I, J, H, K, H, H, H, M, and N among the instant multi-household housing.

B. In the instant auction procedure on July 21, 2017, Defendant B received a decision to permit the sale of each real estate listed in the separate sheet 1, and Defendant C received a decision to permit the sale of each real estate listed in the separate sheet 2, and paid all the proceeds therefrom around that time.

[Reasons for Recognition] No. 1, 2, Eul evidence No. 2-A, Eul evidence No. 7, 8, Eul's evidence No. 1, 2, and the purport of the whole pleadings

2. The Plaintiff’s assertion is that the instant multi-family house and multi-household house among the instant multi-household houses, excluding five households, including the instant multi-family house from Defendant C, and the instant multi-household houses, have been awarded a contract for construction works and have not yet been paid. As such, the Plaintiff has the right to attract each of the above buildings under the name of D occupied up to the present time after completion, and the Defendants are dissatisfied with this and seek confirmation.

3. To recognize the Plaintiff’s lien on each real estate listed in the separate sheet 1 and 2 of the judgment, the Plaintiff first seeks to first commence the instant multi-family house with respect to the instant multi-family house on each of the said real estate.