유치권확인 및 점유회수의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. At the time of June 15, 2007, the Plaintiff entered into a construction contract on the remodeling and extension of the instant building with B (hereinafter “B”) registered as the owner of the instant building, and commenced the said construction work.
B. On November 3, 1994, the Defendant: (a) obtained a building permit for the instant building on its own from the owner; (b) filed a provisional injunction on July 4, 2008 with the debtor on the prohibition of possession or transfer of the instant building (this Court Decision 2008Kadan3666); and (c) on July 16, 2008, the court rendered a provisional injunction order (hereinafter “provisional injunction order”) stating that “the debtor shall suspend the construction work for the instant building and not transfer the possession of the instant building to another person.”
C. The Defendant filed a claim against six persons, including B, etc. on the ground that he himself is the original acquisitor of the instant building (this court 2008Gahap3773), and the court rendered a judgment that the delivery of the instant case may be ordered to six persons, including B, etc. on June 26, 2009, and that the above delivery order may be provisionally executed.
(hereinafter the above judgment is referred to as “the instant building name map judgment”). D.
B et al. appealed against the instant judgment on the instant building name map (Seoul High Court Decision 2009Na5290), but the appeal was dismissed on January 21, 2010, and six persons, including B, filed a final appeal against the said judgment (Supreme Court Decision 2010Da21238), but on May 27, 2010, the final judgment on the instant building name map became final and conclusive on May 31, 2010 due to the dismissal of the final appeal on May 27, 2010.
E. On January 20, 2012, the Plaintiff filed a lawsuit against B, etc. seeking the payment of the construction cost arising from the remodeling and extension works of the instant building (Cheongju District Court 2012Gahap614), and on September 26, 2012, the following adjustment was concluded.
- Ascertainment that the construction cost of the instant building remodeling and extension works is 8,138,789,590 won in total.
- B shall be above.