유치권부존재 확인의 소
1. Of the judgment of the court of first instance, the part against the remaining Defendants except for Defendant H is as follows.
Based on the facts, from around 2005, the Defendants’ conclusion of each construction contract and W Co., Ltd. (hereinafter “W”; hereinafter, the entry of all Co., Ltd.) owned each of the lands listed in the separate sheet No. 1 (hereinafter “each of the instant buildings”) and the separate sheet No. 2 attached hereto (hereinafter “each of the instant lands”) from around 2005. The combination of each of the instant buildings and each of the instant lands together with the instant land, owned each of the instant lands.
W from October 2007, business development and operation of the instant real estate jointly with X (hereinafter “instant business”) was conducted by remodelling each of the instant real estate, and entered into an agreement with X to promote the project with a view to funding and completing the external finishing, external finishing, stairs finishing, roof finishing, model stud-down, and container packing.
On March 1, 2008, Defendant B awarded a contract for the construction cost of KRW 1,295,140,000 among the remodeling works for the instant project from X (hereinafter “instant remodeling works”).
On January 25, 2008, Defendant C entered into a contract with X to enter into a contract for the modification of contract with the following terms: “from February 1, 2008 to September 30, 2008, the remainder of the remodeling works except for the civil engineering and landscaping works” and “from September 1, 2008 to September 13, 2008, construction costs” as “construction costs of KRW 13,722,50,000,” and on May 13, 2008, the remainder of the remodeling works except for the civil engineering, equipment, civil engineering, landscaping works” as “10,258,60,000,000 for construction costs.”
After that, on December 10, 2008, Defendant C agreed to change the above construction cost to KRW 7,613,600,000 between X and X and the above construction work.
Defendant E, around February 2008, between Defendant C and Defendant C, set up sampling (B and C) installation works among the remodeling works in the instant case from Defendant C, “from February 4, 2008 to April 30, 2008.”