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(영문) 서울고등법원 2017.11.14 2017나2039809

유치권 부존재 확인

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Pyeongtaek-si C forest land and 16,463 square meters and the secondary development site of this case. The Defendant is the company that reported the lien in the Suwon District Court’s horizontal Housing Site F, BP (Joint) auction of real estate rent in the instant secondary development site for Pyeongtaek-si C forest and 16,463 square meters and the instant secondary development site.

B. The ownership relationship and division 1) E, G, H, and I are relative relatives, and are 16,463 square meters in Pyeongtaek-si Jin Park around 195 (hereinafter “J forest”) around 1995.

(C) As well as C Forest land 16,463 square meters (hereinafter “C Forest”), the instant real estate is collectively referred to as “instant real estate” in the J Forest and C Forest.

With respect to E, 6,545/32,926/32, G 32,926/32, 32,926/32, H 6,612/2, and 1/2 of H were jointly owned by acquiring each share. Division on May 26, 2008 and October 10, 2008 as of October 10, 2008; Division J 16,463 square meters and 16,126 square meters of forest land and land development (hereinafter “ABD AB ABD”) divided under the BAD ABD AB ABD ABD ABD ABD ABD development schedule and ABD ABD ABD ABD AD AD AD AD A on May 25, 207.

3) On July 11, 2008, as to C forest land, by partition of co-owned property, E owned each share of 2,809/163, G 16,463, 16,427/163, H 3,95/163, and 8,232/16, and I acquired each share of 1,845/289, H 381/289, H 381/10289, and H 381/10289, and 8,063 shares of the above D, D, AF, AF, AG, AH forest land, E, AB, and AI after the division, H acquired the ownership of each share of the said land.

C. Around September 2006, AK entered into a contract with I and AK to acquire ownership and development rights of the instant real estate in KRW 5.5 billion between E, G, H, and I, the owner of the instant real estate.

AK is part of the price paid to E, G, H, and I.