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(영문) 의정부지방법원 2014.07.24 2013가합70665

유치권확인등청구

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

On October 12, 2009, Plaintiff A Co., Ltd., the remaining claim amount of the contract under the contract terms as of the contract date G Co., Ltd., Ltd., the contract amount of the Plaintiffs, as of October 12, 2009, entered Plaintiff D (I) on July 1, 2009, the 86,940,000 building stones, and the 83,200,00,000,000 G Co., Ltd., Ltd. on July 20, 2009, in relation to the construction of building stones, 197,00,000,000 won and 42,980,000 won and 00,000 won and less than the 39,50,000,000,000 won and less than the 200,000,000 won and less than the 20,000,000 won and less than the 270.

On the other hand, on the other hand, the Korea Asset Management Corporation, which is a collateral security right to the land, E and four parcels (hereinafter “instant land”) and the above ground buildings (hereinafter “instant building”), filed an application for voluntary auction of the instant land and buildings, and the entry registration of the decision of commencement of voluntary auction (hereinafter “the instant voluntary auction”) was completed on January 5, 2012 by J-gu District Court of the Republic of Korea on the other hand.

The voluntary auction procedure of this case was conducted in conjunction with the K compulsory auction procedure for the land of this case.

On January 25, 2013, the Defendant was awarded a successful bid for the instant land and building at the auction procedure, and completed the registration of ownership transfer on February 8, 2013 and completed the registration of transfer of ownership on February 8, 2013 by Jung Government District Court No. 15362, Feb. 8, 2013.

[Ground of appeal] In the absence of dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 3-1, Gap evidence No. 4-1, Gap evidence No. 5-1, Eul evidence No. 6-1, Eul evidence No. 4-2, and the whole purport of the pleading as to the claim for confirmation of existence of right of retention, the plaintiffs asserted by the parties as to the part of the claim for confirmation of existence of right of retention as the preserved right of construction payment, etc. (hereinafter "the real estate of this case") shall be directly or through I from July 201.