유치권확인 청구의 소
1. Revocation of the first instance judgment.
2. The plaintiff's lawsuit against the defendant shall be dismissed.
3. The Plaintiff out of the total costs of the lawsuit.
1. Facts of recognition;
A. As to the real estate listed in the separate sheet on February 22, 2016, the Defendant completed the registration of ownership transfer on the 12,13 real estate listed in the separate sheet on September 20, 2016, on the 453/102 shares among the 10 real estate listed in the separate sheet on September 20, 2016, on the 319/1283 shares among the 18 real estate, on the 1 through 6, 14, 16, and 17 real estate listed in the separate sheet on March 17, 2017, on the 111 real estate listed in the separate sheet on April 7, 2017, on the 19,20 real estate listed in the separate sheet on November 8, 2017, on the 7th of March 28, 2018, and completed the registration of ownership transfer on each real estate due to each of the above joint Defendant Housing Guarantee Corporation.
In addition, on October 7, 2016, the defendant completed the registration of ownership transfer on 9 real estate listed in the attached list, and completed the registration of ownership transfer based on the trust on March 17, 2017.
(b) The real estate listed in the Appendix 8 is owned by Sacheon City.
C. On December 29, 2016, the Defendant concluded a construction contract between the Plaintiff and the Plaintiff for the construction of a road on the real estate indicated in the separate sheet for the said apartment.
Accordingly, on May 22, 2019, the Plaintiff prepared a notarial deed stating that the Defendant shall pay the Plaintiff KRW 1,901,000,000 to the said construction work until May 28, 2019 and pay damages for delay of 15% per annum at the time of delay.
[Ground of recognition] Facts without dispute, entry of Gap 1, 4, and 9 evidence, purport of the whole pleadings
2. The plaintiff's summary of the plaintiff's assertion was a road construction work on the real estate listed in the separate sheet according to the construction contract with the defendant, and currently occupies the above real estate.
Therefore, the plaintiff has a lien on the claim for construction cost equivalent to KRW 1,901,00,000 and damages for delay incurred with respect to each of the above real estate as the secured claim.
3. The lawsuit of this case.