유치권확인
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On November 20, 2010, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) (hereinafter “E”) determined and contracted the construction period of civil engineering works among the construction works of Incheon, G, and H ground I building (hereinafter “I”) from E Co., Ltd. (hereinafter “E”) as KRW 891,00,000 for the construction cost (including surtax) from November 20, 2010 to November 20, 2012.
B. Plaintiff B (the trade name at the time of the conclusion of the contract was “J” but was changed to “B” on July 9, 2013, and regardless of whether it was before or after the mutual change; hereinafter “Plaintiff B” is referred to as “Plaintiff B”; hereinafter “Plaintiff B”) from Plaintiff A on June 20, 201.
From July 1, 201 to November 30, 201, the construction period of earth and sand-out works among the civil works under paragraph (1) was set at KRW 63,00,000, and received the contract.
On July 30, 2012, Plaintiff A prepared a written statement of non-performance with the purport that “Plaintiff B promises not to raise any objection even if it directly receives KRW 51,497,949 of the construction cost incurred in connection with the soil removal work.”
C. On September 3, 2011, Plaintiff C performed the part of reinforced concrete construction works among the I building construction works, with the trade name of “K,” and written a contract between E and E, with respect to the said construction works, the construction period from September 25, 201 to December 31, 2012 was fixed as construction cost, construction cost, 2,473,90,000,000 (including surtax).
On December 5, 2012, the approval for use of the I building, including each of the instant real estate listed in [Attachment 1 and 2], was issued on December 5, 2012, and the registration for ownership transfer was completed in the name of E on September 3, 2012 regarding each of the instant real estate.
E. On June 17, 2013, with respect to each real estate listed in paragraphs (1) through (11), a decision to commence compulsory sale by a creditor L Co., Ltd. (M of the Incheon District Court) shall be made upon a motion of the creditor Co., Ltd.