유치권 부존재 확인
1. The judgment of the court of first instance is modified as follows.
The defendant's auction of the real estate C in Chuncheon District Court.
(d) ;
On June 28, 2017, a standard contract for construction works with the contractor E (the representative director at that time was P) and the contractor as the defendant was drawn up.
1. The name of the Corporation: the remodelling work
2. Construction site: The construction site: The Gangwon-do Hongcheon-gun Q and 24 lots.
3. Date of commencement: June 2017.
4. Expected date of completion: August 2017.
5. The primary construction contract amount of KRW 297,00,000: The standard construction contract amount of KRW 380,000,000 (Evidence (Evidence (A)) shall be stated as “380,000,000,000,000,000 in the contract amount of KRW 380,000,000, value of supply, and value-added tax of KRW 38,00,000,00 in the aggregate of the value of supply and value-added tax. However, the above “contractual amount of KRW 380,00,000,000 in the contract amount of KRW 418,00,00 in the contract amount” appears to be a clerical error in the contract amount of KRW 418,00,00.
6. Conditions for progress payment.
(a) Contract deposit: 60% within 25 days after the commencement of the first work (consultations between the second works);
(b) Part payments: 30 percent;
(c) Balance balance: Article 39 (Matters under special agreement) ① (1) of the General Conditions for the Contract for Private Construction Works, which is a document attached thereto, separate from specifications (the scope of construction). < Amended by Presidential Decree No. 2090, Feb. 3, 2007>
④ The instant construction contract for electricity, water, accommodation, and lodging
(E) The Plaintiff filed an application for voluntary auction on each of the instant lands and buildings based on the instant collateral security, and received a decision to voluntarily commence auction on November 10, 2017, and on the same day, the entry therein was registered (hereinafter “instant voluntary auction”).
(f) On November 28, 2017, the Defendant reported a lien of KRW 474,068,188 with respect to each of the instant buildings as the secured claim during the instant voluntary auction procedure. 【Ground for Recognition” The fact that there is no dispute, and the evidence Nos. 1 and 2 (the standard form of construction contract, and E’s seal image) are not disputed.