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(영문) 광주지방법원 2020.05.21 2018가단506303
유치권 부존재 확인
Text

1. The defendant confirms that each building listed in the separate sheet does not have a lien.

2...

Reasons

1. Basic facts

A. C, on November 30, 2012, acquired ownership of each building listed in the separate sheet 1 through (5), 7 through 15, on June 28, 2013, each of the buildings listed in the separate sheet 6 (hereinafter referred to as “each of the instant buildings,” and the individual buildings are specified as “the instant building”).

B. On November 30, 2012, the Plaintiff granted a loan of KRW 358 million to C, and on the same day, registered the establishment of a neighboring mortgage of KRW 465,40,000 on the instant building owned by C. On May 30, 2016, the Plaintiff filed an application for voluntary auction of each of the instant buildings with the Gwangju District Court D on August 30, 2016 and received a decision to voluntarily commence the auction on the same day upon filing an application for voluntary auction of each of the instant buildings on the same day.

(hereinafter “instant auction procedure”). C.

On November 29, 2017, the Defendant asserted a lien on the claim of KRW 90,30,000 for remodeling construction costs for each of the instant buildings in the instant auction procedure, and submitted a report on the right above real estate (report on the right of retention).

Meanwhile, C filed a lawsuit against the Defendant on the ground that “The Defendant occupied the instant one building from November 2014, and from January 1, 2016, he/she without any authority.” The Defendant filed a lawsuit seeking compensation, etc. for damages arising from the delivery of the instant one building and illegal occupation. The Defendant is entitled to attract the instant one building on the basis of the claim for remodeling construction cost of KRW 90,30,000 (excluding value-added tax; hereinafter the same shall apply) for each of the instant buildings by the Defendant. However, the appellate court, the appellate court, claimed that the Defendant had the right to attract the instant one building on the basis of the claim for remodeling construction cost of KRW 90,30,00 (excluding value-added tax; hereinafter the same shall apply) for each of the instant buildings.” From November 2014 to January 1, 2016, the Defendant occupied the instant one building without any authority.

The defendant shall each of the instant cases from C on May 10, 2013.

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