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(영문) 의정부지방법원 2017.03.24 2016나53276

유치권존재확인

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The plaintiff.

Reasons

1. Basic facts

A. From May 2012, the Plaintiff entered into a contract for housing construction works to build a building on the instant land between E and from May 2012, the Plaintiff entered into a housing construction contract to the effect that, on June 17, 2013, the Plaintiff would recognize construction cost of KRW 234,315,00,000 invested by the Plaintiff and then dispose of the land directly.

B. As to the instant land, Nonparty F filed an application for the commencement of voluntary auction with the Ji Government District Court Goyang Branch G, and the auction procedure was commenced on July 15, 2013 following the said decision.

In the above procedure, C purchased the above land on February 7, 2014 and completed the registration of ownership transfer on February 18, 2014.

C. Meanwhile, with respect to the real estate on the instant land, which was constructed on the instant land (hereinafter “instant building”), the Defendant applied for a compulsory auction for the establishment of the Defendant’s application for the establishment of a compulsory auction to the Goyang branch of the Goyang branch of the District Court H, and the auction procedure was conducted on June 26, 2014.

In the above procedure, the defendant purchased the above building on June 12, 2015 and completed the registration of ownership transfer on July 21, 2015.

C A lawsuit was filed against the Defendant for the purpose of removing the instant building and delivering the instant land as the case No. 2015Gahap70068, 70129, Jinyang Branch of the District Court, and the Plaintiff filed a lawsuit against the Plaintiff, as an independent party intervenor in the said lawsuit, seeking payment of construction cost of KRW 247,00,000,000, to the effect that the right of retention exists with respect to the instant land as an independent party intervenor in the said lawsuit.

On October 16, 2015, C is the owner of the instant land. The Defendant accepted C’s claim for the removal of the instant building and the delivery of the instant land on the ground that it occupied the instant land by owning the instant building, which is the relevant site, and also accepted the Plaintiff’s claim for the payment of construction price against E.