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(영문) 서울고등법원 2020.01.17 2019나2025491

유치권부존재 확인

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The contract agreement for the instant 1 and 2 construction works was signed between E Co., Ltd. (hereinafter “E”) and AC and 14 (hereinafter “the instant 2nd site”) respectively on the ground of the plot of land outside AB and 9 (F and 13 parcels, etc. before the lot number change; hereinafter “the instant 1 site”) in Dong-gu, Dong-gu, Dong-do, Dong-gu, the representative director of the E Co., Ltd. (hereinafter “E”), and the construction of the instant 14 lots of land (hereinafter “the instant 2nd site”).

(No. 20 No. 1, 2, 54). (b)

On November 16, 2011, E entered into a standard subcontract agreement for construction works (No. 50 certificate; hereinafter “the first subcontract agreement of this case”) with the content that construction works, civil engineering, electricity, equipment, landscaping works, among the instant first construction works, shall be determined and subcontracted during the construction period from November 20, 201 to May 30, 201, and construction cost of KRW 2.62 billion (value-added tax separate); and the main contents related to the instant case are as follows:

Contract Specialist Port

1. Construction works for electric source houses (14 households) and 13 lots, both F and 13 lots;

2. The scope of the construction shall be as follows:

2-1 Electric Power Resource Construction (1) All materials management (2) materials management (including kicking, storage by size) among materials and small-scale transport (including kickers, forkickers) (3) after installing a safety device for work use. 5 The submission of documents necessary for material approval and inspection, construction shop drawings and construction plans. 6 The disposal, movement, and disposal of the designated place of waste. 7 The disposal of waste before and after the work

5. There shall be no materials for payments, such as temporary electricity and temporary water, and various tools, labor costs, equipment costs, etc. necessary for the work shall be included in the construction cost of “B” (Defendant).

8. The part to be constructed under the conditions of the site and the part to be constructed under the direction of “A” (E) is called “B” (Defendant).