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(영문) 광주지방법원목포지원 2015.06.18 2014가합630
유치권 존재확인
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 land listed in the separate sheet No. 1 (hereinafter “instant land”) was F’s ownership. F, to construct a building on the above land, contracted the construction to G (hereinafter “G”) to a limited company, and G newly constructed a building listed in the separate sheet No. 2 (hereinafter “instant building”).

B. On June 27, 201, upon completion of the construction, F completed the registration of initial ownership on the instant building on its own, and thereafter completed the registration of change following the extension of nine floors on December 2, 201.

C. However, with respect to the instant land and buildings, the registration of the entry of the decision on commencing auction was completed as follows; among them, the auction procedure regarding the instant land and buildings was initiated according to H below, and the cases Nos. 2, 4, and 5 were initiated in duplicate.

(hereinafter referred to as the “instant auction”). The case under the case number on the date of registration is both the case of the branch court of the Gwangju District Court.

On June 25, 2012, 1: (a) the case name Non-Appellant 1: (b) the first decision to commence compulsory auction on July 16, 2012; and (c) the first decision to commence compulsory auction on September 4, 2012, withdrawn on March 16, 2013; and (d) the first decision to commence compulsory auction on January 11, 2013, 3201; (b) the decision to commence compulsory auction on May 7, 2013 - the voluntary decision to commence compulsory auction on June 12, 2013 - the decision to commence compulsory auction on May 7, 2013 -

D. The Plaintiffs reported the right of retention and submitted each of the construction contracts, asserting that they had a claim for the construction cost as they had contracted or subcontracted the construction work of the building of this case from F or G. The details are as follows.

The Plaintiff’s name (HaHa) the contract date for construction work (the original construction period), AF on October 1, 201, including the extension of 152,000,000 from October 4, 201 to November 12, 2011, the date of reporting the lien, shall be 395,000,000,000 from August 5, 201 to August 5, 201, and 395,000,000,000 from August 5, 201 to January 10, 2012.

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