유치권확인 및 부당이득금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The head of the Gu office shall be the head of the Gu office.
1. Basic facts
A. The Plaintiff’s claim 1) mining the Plaintiff Company (hereinafter “mining”).
) On September 29, 2009, the construction of earth and sand (hereinafter referred to as “soil and sand construction”) shall be conducted.
(2) Around October 5, 2009, the Plaintiff was awarded a subcontract for the construction of a new factory at KRW 1,385,000,000 among the lands listed in the separate sheet Nos. 1 through 4, and the Plaintiff was awarded a subcontract for telecommunications construction at KRW 131,00,000 among the above construction works. (2) On June 20, 2013, the Plaintiff received KRW 442,00,000, out of the construction cost claim of KRW 1,00,000, among the construction cost claim of the sub-construction, around July 17, 2013.
3) The Plaintiff applied for a payment order against the programming, seeking the payment of the acquisition amount as set forth in the above (2).
Accordingly, on August 6, 2013, the Cheongju District Court issued a payment order to the Plaintiff, stating that minging would pay KRW 100,000,000 to the Plaintiff and its delay damages. The said payment order was finalized on August 28, 2013.
B. On September 5, 2013, the Korea Credit Guarantee Fund applied for a voluntary auction on each real estate listed in the separate sheet, and on September 5, 2013, the Cheongju District Court rendered a voluntary decision to commence auction (A) on September 5, 2013 (hereinafter referred to as the “instant real estate”), and the said auction shall be referred to as the “instant auction.”
(2) On March 2, 2015, the Defendant received a decision to permit the temporary sale of each of the instant real estate at the instant auction, and completed the registration of ownership transfer on April 13, 2015.
[Ground of recognition] Unsatisfy, Gap evidence 1 through 6 (including branch numbers, e.g., this subparagraph), the purport of the whole pleadings
2. Determination on the claim for the confirmation of lien
A. The main purport of the assertion and the soil sub-construction are to construct a factory building on the ground of the land listed in the attached Table 1 through 4 and to receive the construction cost.