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(영문) 울산지방법원 2016.04.27 2015가합22218

유치권부존재확인

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1. Claim for the construction cost of KRW 1,258,400,000 as the secured claim with respect to the real property listed in the separate sheet.

Reasons

Description of Claim

As to the real estate indicated in the attached list owned by the Plaintiff, the Defendant concluded a construction contract with the Plaintiff and completed the construction work, and thus, the Defendant has the claim for construction cost of KRW 1,258,400,000 against the Plaintiff. However, the Defendant already renounced the right of retention against the Plaintiff as the secured claim for the construction cost. Therefore, the right of retention is nonexistent. On the other hand, the Defendant disputes the existence of the above right of retention, such as occupying the said real estate without permission around July 25, 2015, and thus, there is a benefit to seek confirmation of its absence.

Judgment by deemed confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act)