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(영문) 대구지방법원 2013.07.25 2011가합15777

유치권부존재확인

Text

1. Each lawsuit against the remaining Defendants except Defendant A shall be dismissed.

2. To indicate attached real estate;

Reasons

1. Basic facts

A. The Plaintiff is a person to whom the Plaintiff acquired each real estate indicated in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”) by the new bank, as indicated in the attached sheet (hereinafter collectively referred to as “each of the instant real estate”; Parag. (1) real estate; hereinafter referred to as “instant building”; Parag. (2) real estate; hereinafter referred to as “instant building; hereinafter referred to as “instant real estate”); 2,041,000,000 won with respect to each of the instant real estate indicated in the separate sheet; and Z the obligor

The Defendants were those who contracted or subcontracted the extension work on the instant building.

On the other hand, the AAD and the AE, which were entered in the records of AA, are expected to refer all to AA.

(hereinafter referred to as “A”)’s representative director was AB, Defendant A was his father and was a director of AB, and both AB and Defendant A retired on July 4, 2008. However, on August 11, 201, the registration of retirement was completed.

B. On August 21, 2009, Z (1) purchased the instant land and buildings from AB on August 21, 2009, and completed the registration of ownership transfer on the grounds thereof on September 7, 2009. 2) Z concluded a contract for the extension and remodeling of the instant building with the Defendant A who represented A on October 15, 2009 (hereinafter “instant contract for construction work”). The contract amount is KRW 1,100,000 (excluding value-added tax) and the construction period is from October 15, 2009 to March 31, 2010.

C. (1) On May 13, 2010, the Z was approved to use the instant building as the first class neighborhood living facilities (general bath) with respect to the extension of the instant building from the Authority of the Suwon-gu Metropolitan City on May 13, 2010. (2) The Defendant A leased the instant building from the Z on June 15, 2010 to June 15, 2010, with a deposit of KRW 100,000,000, and the term of lease from June 15, 2010 to June 15, 2013.

As the special terms of the lease agreement, "A has the right to operate this building until the completion of the construction cost of this building."