유치권부존재확인
1. Revocation of the first instance judgment.
2. There is no lien for the Defendants on each real estate listed in the separate sheet.
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “C”) purchased, from D on June 15, 201, the price of KRW 797 square meters for E forest land of KRW 7,97,00,000,000 for KRW 7,946,000,000 for G, and KRW 390,000,000 for KRW 354,000,000 for each of the above lands, and completed the registration of ownership transfer on June 23, 201.
B. On June 24, 2011, C entrusted each of the above real estate to the Rose of Sharon Co., Ltd. (hereinafter referred to as the “Seoul-style Trust”) and completed the registration of ownership transfer based on the trust on the same day.
C. On September 5, 2011 and September 7, 2011, each real estate listed in attached Tables 1 through 4 and H forest was divided into 123 square meters in Si/Gun/Gu in Si/Gu. The entire 390 square meters in G was divided into each real estate listed in attached Tables 5 through 7, 2011.
(hereinafter referred to as “each real estate of this case”) d.
Around May 2012, C, D, and F agreed that if C and F fail to pay a total of KRW 9.9 billion, including the purchase price and transfer income tax of each of the instant real estate, the sales contract of the instant real estate would retroactively lose its effect.
E. On June 7, 2012, C entered into a contract with I Co., Ltd. (hereinafter “I”) under which the contract for civil engineering works (hereinafter “instant construction works”) among the construction works for building a commercial building on each of the instant real estate (hereinafter “instant construction works”) was entered into on KRW 1.730,960,000 (including value-added tax and value-added tax, and payment for completed portion once a month) (hereinafter “instant contract”).
(f) C = D and F by November 2012, 2012.
On December 12, 2012, on the ground that the sales contract for each of the instant real estate was rescinded, D, and F filed a lawsuit against C and Luxembourg Trust seeking the cancellation of ownership transfer registration for each of the instant real estate on December 12, 2012.
(Seoul Central District Court 2012Gahap103986), G. I.D. The progress payment for the instant construction project against C on January 7, 2013.