유치권존재확인
1. As to the real estate listed in the separate sheet, KRW 298,849,717 shall be the secured claim against the Plaintiff (Counterclaim Defendant).
1. Facts of recognition;
A. On March 14, 2012, the Plaintiff’s progress of construction of new buildings and occupied (1) the Plaintiff contracted with Dririri (hereinafter “Dri”) for construction of five parcels of land (including value-added tax) 6,637,40,00 won for construction of 19 new buildings on the ground of five lots of land, other than 9,138 square meters in Pakistan (hereinafter “Dri”) and carried out construction work.
(2) On April 26, 2012, F Co., Ltd. (hereinafter “F”) concluded a sales contract to purchase real estate listed in the attached Table (hereinafter “instant building”) among the 19 units of the instant factory building constructed at the time from C, and the land on which the said building is located, from April 26, 2012, to purchase KRW 770,90,000 (land 470,900,000, building 300,000,000 (value-added tax separate) and agreed to ensure that the wide area and location of the land of the final sales contract can be adjusted by mutual agreement and the land is divided by surveying and dividing the land.
(3) On May 15, 2013, F completed the registration of transfer of ownership as to G factory site divided into 830 square meters (hereinafter “instant land”) on the land in which the instant building is located.
(4) Around August 2013, the Plaintiff completed the instant building, and the Plaintiff occupied the instant building even after completion.
On the other hand, on June 8, 2015, F completed the registration of initial ownership of the instant building.
B. On November 20, 2014, F filed a lawsuit seeking delivery of the instant building in subrogation of the Seoul Southern District Court 2013Gahap10776, which was the Seoul Southern District Court, and the said court dismissed F’s claim by accepting the Plaintiff’s right of retention defense.
The judgment of the appellate court (Seoul High Court 2015Na200876) and the final appeal (Supreme Court 2016Da209054) dismissed the F's appeal and the final appeal, respectively, and on May 24, 2016, the said judgment became final and conclusive.
(hereinafter referred to as the “instant litigation”) between F and the Plaintiff.
In the process of the building auction procedure and the acquisition of the defendant's ownership (1) F's creditors H are to F, J. Goyang-gu District Court I.