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(영문) 대전지방법원 2015.01.30 2014나104238

유치권확인

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Each of the buildings listed in the separate sheet (hereinafter “each of the buildings of this case”) owned by Nonparty D. However, upon the application for voluntary auction by Korea Asset Management Corporation, the decision to voluntarily commence auction was rendered on March 26, 2012, and the entry registration was completed on the same day.

B. On October 2, 2012, the Plaintiff: (a) received a supply of construction cost of KRW 445 million for five buildings, including each of the instant buildings, from D and ASEAN; and (b) filed a lien on October 2, 2012 with the said auction court as the secured claim and filed a lien on the construction cost of KRW 380 million for each of the instant buildings.

C. In the above auction procedure, the Defendant: (a) received the successful bid for each of the instant buildings; and (b) acquired ownership by paying the price; and (c) applied for an order of delivery of real estate against the Plaintiff and D on December 2012; and (c) the application was accepted.

(Susan Branch E of Daejeon District Court). 【Ground of recognition’s absence of any dispute, entry in Gap’s 3, 11, 12, and Eul’s 3 (including each number, if any; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Determination as to the claim for confirmation of lien in (a) and (c) parts

A. The plaintiff asserted that the construction contract for each of the buildings of this case was concluded and completed, and that part of the construction price was paid to 380,000,000,000 won, which was paid as part of the construction price, and the plaintiff agreed that D and F leased part of each of the buildings of this case or leased part of the building of this case to others with the right to lease or delegated the right to lease and appropriated the remainder of the construction price. Accordingly, the plaintiff agreed that the lease income would be appropriated for the remainder of the construction price.

3. The Plaintiff entered into a lease agreement stipulating that the entire building was leased by the Plaintiff, and the (C) portion was used directly as the office of the Plaintiff itself from that time.

Then the Attached List

3.The remainder of the stated buildings shall be D and F.