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(영문) 수원지방법원 2017.01.24 2015가합6473
유치권존재확인 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs were contracted with K and L for new construction of multi-household 1, 4, 1, 4, 4, 4, 4, 4, 4, 5, and 5, and 5, and the construction of new multi-household 2, 4, 5, and 5, and the construction site was suspended on January 2013, and the construction site was occupied by K and L.

B. Around April 2013, K’s husband, sold each of the above land and buildings to Daeungung Construction Co., Ltd. (hereinafter “ Daeungung Construction”), and the Plaintiffs received a share of 100 million won per share per face value from the construction in Daeungung Construction and received a share of 100 million won per face value at the above construction site.

The plaintiffs, from June 2013 to June 2013, when the above list of units of units received from the construction in the Daeung Construction Site, had a concrete hole installed at the above construction site and access road, controlled others' access, created a lien office in the above building and managed the construction site. The plaintiffs installed a steel door in each of the above buildings and put up a banner "in the exercise of lien."

C. Meanwhile, with respect to each building listed in paragraphs 1 through 8 of the attached list of real estate (hereinafter “first building of this case”), K completed the registration of initial ownership on October 22, 2012 as to each building listed in Articles 9 through 17 of the attached list (hereinafter “second building of this case”)

On March 21, 2013, our bank received a voluntary decision to commence auction on the instant building No. 1 from Suwon District Court P on March 22, 2013, and completed the registration of voluntary decision to commence auction on the instant building on March 22, 2013. However, on June 14, 2013, the said decision to commence auction was revoked, and the registration of voluntary decision to commence auction was revoked on June 19, 2013.

After that, on January 6, 2014, the defendant received a voluntary decision to commence the auction from the Suwon District Court Q with respect to the above building, and the registration of the voluntary decision to commence the auction was completed on January 8, 2014.

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