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(영문) 창원지방법원진주지원 2017.07.13 2016가합10561

유치권확인의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Ulsan National Agricultural Cooperative Co., Ltd. (formerly changed: White Dold Dold Dold Dold n n n n n n n n k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k

B. On July 9, 2015, the Defendant applied for voluntary auction of each of the instant lands to Jinwon District Court Jinwon Branch D, based on each of the aforementioned collateral security interests, and completed the registration of entry on the same day upon receipt of the decision to commence voluntary auction on the same day.

C. The plaintiff (the former trade name: E company) occupied each of the lands of this case on the ground that the plaintiff (the former trade name before modification) was contracted by the non-party company for the construction of factory site for each of the lands of this case (hereinafter the construction of this case) and was not paid the construction cost,

In the auction procedure described in paragraph (1), the lien was reported to the auction court.

[Reasons for Recognition] Gap's evidence 1-1, 2, Gap's evidence 6, Gap's evidence 7-1 to 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the construction work in this case was completed on or around December 2013, but failed to receive the payment of the construction cost, and up to March 2014, posted a franc card indicating that it is under the exercise of lien on each of the instant land, installed a container equipped with a sofac and gypt for on-site management, and the representative director of the Plaintiff confirmed the average of 3-4 times a week-on-site situation at the average of 3-4 times a week, or occupied the said land by having G and H residing in the vicinity of each of the above land manage each of the above land, and thus, the Plaintiff’s claim for the construction price against the Nonparty Company.