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(영문) 대전지방법원천안지원 2015.07.24 2015가합100641

유치권부존재 확인의 소

Text

1. It is confirmed that there is no defendant's lien on each building listed in the separate sheet.

2...

Reasons

1. Facts of recognition;

A. A Co., Ltd. (hereinafter “A”) concluded a credit guarantee agreement with the Plaintiff on April 13, 2012, with the aim of raising funds for the construction of a new building (hereinafter “instant construction”) on the land outside B and 2 parcels in Yong-gu, Chungcheongnam-gu, Seoul (hereinafter “the instant land”), and received loans of KRW 4.3 billion upon entering into a credit guarantee agreement with the NongHyup Co., Ltd. (hereinafter “CF”) as a collateral security, for the purpose of raising funds for the construction of a building (hereinafter “instant construction”).

The first installment of the Nonghyup Bank Co., Ltd. shall not receive the goods and services costs which he provides in connection with the following construction works from the project operator and the project executor (including the contractor if the project operator or contractor is the contractor):

It also confirms that all the real rights and claims rights arising in connection with this project will not be exercised and that it will be ordered to order the site without any objection as requested by your meeting.

The name of the construction and the construction place: B and the construction operator (project owner) of the new construction of two lots of land except B in Chungcheongnam-si, Chungcheongnam-do: A's representative director at the time of C.

: Defendant

B. On June 1, 2012, A entered into a contract for construction works (hereinafter “the first construction contract”) with the Defendant on December 20, 2012, setting the construction cost of KRW 5.83 billion (including value-added tax; hereinafter the same shall apply) and the completion date of the construction project on December 20, 2012, and the Defendant entered into a contract for the first construction project (hereinafter “the first construction contract”). On June 15, 2012, the Defendant entered into and submitted to the Agricultural Cooperatives a document of waiver of the right of retention and on-site inspection (hereinafter “each document of this case”) and commenced the instant construction project.

The main contents of the letter of this case are as follows.

C. Since then, A and the defendant each increase the total construction cost of the instant construction by additional construction works in KRW 6.38 billion on December 15, 2012 and KRW 8.25 billion on May 16, 2013, respectively.