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(영문) 대전지방법원 천안지원 2017.02.17 2015가합101965

유치권부존재확인

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1. Defendant B, C, Jingle Co., Ltd., Korea-U.S. Co., Ltd., D, E, F, G, I, J, L, and M.

Reasons

1. Basic facts

A. The Plaintiff acquired collateral on the Plaintiff’s land owned by P Co., Ltd. (1) on January 20, 201, changed the name of P Co., Ltd. (P Co., Ltd. on February 6, 2013) to Q Co., Ltd.

“P Co., Ltd.” without distinguishing before and after the change of the trade name;

(1) Each of the real estates listed in [Attachment Nos. 1 through 7] owned by the owner (hereinafter “each of the instant lands”).

(2) On May 24, 201, the Plaintiff entered into an agreement with P Co., Ltd. to provide the Plaintiff with additional security instead of using each of the instant land as a new building site, instead of using it as a new building site. The Plaintiff entered into an agreement with P Co., Ltd. on May 24, 201.

B. P Co., Ltd. (1) On June 2, 2011, P Co., Ltd. (mutual name was changed to “Ssco Construction Co., Ltd.,” on August 1, 2011, and on December 9, 2014, the order was changed to “YOEAF,” respectively.

It does not distinguish before and after the change of the trade name, and is "Ssco Construction Co., Ltd."

3) Each of the buildings listed in the “S” Commercial Building (Attached Nos. 8 through 10; hereinafter “each of the buildings of this case”) shall be referred to as the “S” and “S” in each of the instant lands.

2) On June 14, 2012, P Co., Ltd has contracted each of the instant new construction works to a limited company (hereinafter “limited company construction industry”), instead of distinguishing between before and after the mutual change, P Co., Ltd has contracted each of the instant new construction works to a limited company (hereinafter “limited company construction”).

C. According to the Plaintiff’s request for auction on each of the instant lands and buildings, and upon the Plaintiff’s request for voluntary auction on each of the instant lands, each of the instant lands. < Amended by Act No. 12565, Mar. 7, 2014>