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(영문) 창원지방법원진주지원 2016.09.22 2015가단36439
유치권부존재확인 등 청구의 소
Text

1. It is confirmed that the defendant's lien does not exist with respect to each real estate listed in the attached real estate list.

2.

Reasons

Basic Facts

On January 22, 2009, Japan Construction filed a lawsuit for construction cost claim against the additional industry, etc. in this court under 2008Gahap1487 and paid KRW 140,00,000 to the Plaintiff jointly and severally until February 4, 2009. The Defendants may not claim any defect repair or loss compensation against the Plaintiff, among the new construction works in the line of duty located in B in the additional industry, from among the new construction works in the line of duty located in B, the additional industry was decided to recommend a compromise that “the remainder of the construction works shall be waived.” The above reconciliation recommendation decision became final and conclusive around that time.

On February 27, 2014, the Defendant entered into a lien acquisition agreement (Evidence A 1) with the content that the Defendant will take over the lien on each real estate listed in the real estate list attached to the due construction, based on the claim for construction price for the additional industry of the due construction from the due date construction.

On February 27, 2014, Japan Construction sent a content-certified mail notifying the Defendant that the right of retention was transferred to the additional industry according to the above lien acquisition agreement, and the said content-certified mail reached the additional industry at that time.

From April 16, 2014, the Defendant brought containers to each real estate listed in the annexed real estate list (hereinafter “instant real estate”) from around April 16, 2014, and occupied the banner informing the Plaintiff of the possession of the right of retention by using the banner.

On April 13, 2015, the Plaintiff completed the registration of transfer of ownership on the instant real estate on April 9, 2015 due to the sale by voluntary auction.

On April 23, 2015, the Defendant received a voluntary decision to commence auction from this court C with respect to the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1, 3, 4, 14 (including paper numbers; hereinafter the same shall apply)

We examine the legality of the part of the claim seeking the confirmation of existence of the lien among the lawsuits in this case ex officio determination as to the evidence Nos. 1 through 7 and the legitimacy of the entire purport of the lawsuit.

The plaintiff's legal action for confirmation of relevant legal principles is judged.

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