유치권존재 확인 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. 1) The Plaintiff and C concluded the instant construction contract on July 20, 2010, and the Plaintiff were from Suwon-si, Suwon-si, Suwon-si to 21 (hereinafter “each of the instant land”).
2) Each building listed in the separate sheet Nos. 1 and 2 (hereinafter referred to as “each building of this case”) on the ground shall be combined with each land of this case, and “each real estate of this case” shall be combined with each other.
(1) A construction contract to be newly constructed as of July 20, 201 to December 31, 2011 (hereinafter “instant construction contract”) in the construction period of KRW 789,80,000 [Attachment to Value-Added Tax, KRW 230,6940,000,000 for the remainder of KRW 55,2860,000 for the remainder of 500,000 for the construction period]; and
(2) The Plaintiff completed the instant building on December 31, 201.
B. The auction of this case and the Plaintiff’s lien report 1) As to each real estate of this case, Suwon Agricultural Cooperatives (hereinafter “UFFC”) as the creditor of C
(3) On November 26, 201, upon the request of the competent court, the voluntary decision to commence the auction was rendered to Suwon District Court E, and the said auction (hereinafter “instant auction”).
(2) On November 30, 201, the Plaintiff filed a lien report on each of the instant buildings on the ground that the registration of preservation of ownership in C’s name and the registration of voluntary decision of commencement of auction was completed on November 30, 201 by the Dongwon District Court Registry No. 110753, Nov. 30, 201. (2) On September 11, 2014, the Plaintiff filed a lien report on September 11, 2014, on the ground that the Plaintiff was not paid the price of KRW 608,146,00 (including value-added tax) under
3) The Plaintiff filed an application with Suwon District Court for the payment order against C to pay the said construction cost and delay damages therefor. On November 26, 2014, the said order was issued and confirmed on December 19, 2014. 4) Each of the instant buildings was sold to the Defendant (Appointed Party; hereinafter “Defendant”) on June 15, 2016 and the Appointed F (hereinafter “Defendant et al.”) on June 15, 2016, and was sold to the Defendant (Appointed Party; hereinafter “Defendant et al.”) and the Appointed F (hereinafter “Defendant et al.”) under the name of the Defendant et al. under the name of the Suwon District Court, the Dong District Court, the Dong District Registry, and the 52469 received on June 15, 2016.