beta
(영문) 서울중앙지방법원 2015.07.23 2014가합559422

유치권확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Voluntary auction procedure 1) On April 26, 2012, at the request of a new Capital Co., Ltd., the real estate listed in the attached list E (hereinafter “instant building”) owned on April 26, 2012

2) As to the registration of the real estate auction procedure (hereinafter referred to as the “instant auction procedure”) to the Suwon District Court, Sung-nam Branch F

) The registration of the decision on commencement of voluntary auction (hereinafter “registration of the instant decision on commencement of auction”) on April 30, 2012, upon commencement of the commencement of the auction proceeding.

(2) On March 24, 2014, Defendant B, C, and D purchased the instant building at the instant voluntary auction procedure at the rate of 35/100 of the equity interest, 30/100 of the equity interest, and 35/100 of the equity interest, and Defendant D acquired the ownership of the said share as of June 5, 2014.

3) Defendants B, C, and D are land trust companies with respect to the Defendant on June 5, 2014 (hereinafter “Korea Land Trust”)

B) On February 25, 2012, the Plaintiff leased the instant building from E and E, which were the owner of the instant building and operated the Sports Center (hereinafter “H”), with the trade name of “H” in the instant building, between G and G, with the content that they would replace the work price as to the “construction work of the instant sports center” (hereinafter “construction work of the instant building”) with the content that, after completing the registration of ownership transfer under Defendant B, C, and D’s name, they would be the truster and beneficiary, as the debtor, the Korea Land Trust as the trustee, and the Korea Land Trust as the first beneficiary, and completed the registration of ownership transfer based on the said trust agreement.