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(영문) 의정부지방법원고양지원 2016.04.22 2015가단31196
유치권존재확인
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From May 2012, the Plaintiff concluded a contract for housing construction to build a building on the instant land between E and from May 2012, 2012, the Plaintiff entered into a housing construction contract to the effect that the construction cost invested by the Defendant at the time of June 17, 2013 is KRW 234,315,000, and then entered into a contract for housing construction to the effect that the construction is directly managed by the Defendant.

B. As to the instant land, Nonparty F filed an application for the commencement of voluntary auction with the Ji Government District Court Goyang Branch G, and the auction procedure was commenced on July 15, 2013 following the said decision.

In the above procedure, Defendant C purchased the above land on February 7, 2014 and completed the registration of ownership transfer on February 18, 2014.

C. Meanwhile, with respect to the real estate listed in the separate sheet (hereinafter “instant building”) that was under construction on the instant land, Defendant B applied for a compulsory auction for Defendant B’s high-level district court H on the instant land, and the auction procedure was conducted upon receipt of the said decision on June 26, 2014.

In the above procedure, Defendant I purchased the above building on June 12, 2015 and completed the registration of ownership transfer on July 21, 2015.

Defendant C filed a lawsuit against Defendant B to the effect that the instant building should be removed and the instant land should be handed over, and the Plaintiff, as an independent party intervenor, filed a lawsuit against Defendant C, seeking payment of KRW 247,00,000 for the construction cost, to the effect that he/she confirmed the existence of a lien on the instant land as an independent party intervenor to the said lawsuit.

On October 16, 2015, Defendant C is the owner of the instant land. Defendant B accepted the claim for the removal of the instant building and the delivery of the land against Defendant C on the ground that it occupied the instant land by owning the instant building, which is the relevant site, and also accepted the Plaintiff’s claim for the payment of the construction cost to Defendant C, and the Plaintiff’s lien against Defendant C.

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