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(영문) 인천지방법원 2018.11.16 2016가합56782

토지인도

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1. As to each real estate listed in the separate sheet Nos. 1 through 3, the Defendants’ lien does not exist.

Reasons

1. Basic facts

A. Status 1) The Plaintiff is the procedure for compulsory auction conducted to Incheon District Court I on January 21, 2015 (hereinafter “instant auction procedure”).

(1) The real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant J land”).

The real estate listed in the [Attachment List No. 2086/2378 shares and the real estate listed in the [Attachment List No. 2 (hereinafter “instant K land”), and the land in this case is collectively referred to as “instant land.”

) Of the real estates listed in the [Attachment 862.6/952 shares and (3) of the [Attachment 862.6/952 shares, the real estates listed in Paragraph 4 of the [Attachment 8] are “the buildings of this case”, and each real estate listed in the [Attachment 8] list is collectively named “the real estate of this case.”

2) The Nit-Building Housing Association, which purchased and acquired ownership, concluded a construction contract with the reconstruction association established in order to remove existing houses within the Nit-Building Complex on the ground of the instant land and construct new apartment and commercial buildings (hereinafter “instant building”) with the size of 2 underground floors and 15 floors above the ground (hereinafter “O”) on March 21, 2006, and entered into an execution contract with the O Co., Ltd. (hereinafter “O”, and both for convenience of a corporation were omitted).

Nitrebuilding Housing Association andO shares each of 1/2 shares of the buildings of this case.

3) At the instant auction procedure, Defendant D, E, F, and G reported the lien on the ground that there was a claim for the payment of the construction cost against O, a contractor, and Defendant H occupied the instant real estate by being delegated the exercise of the lien by the said Defendants. (B) Defendant D entered into a subcontract with theO on May 11, 201, under which the contract was concluded between theO for construction of the instant building between KRW 520,000,000 (excluding value-added tax) and the period of construction from May 11, 2011 to June 30, 2011, that such subcontract was accepted, and the construction work under the said subcontract was completed.

2 Defendant E shall be effective as of 209.