logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원영월지원 2014.02.12 2013가단3960
유치권부존재확인등
Text

1. In the case of a compulsory auction of real estate C in this Court, real estate listed in the attached Table reported on January 22, 2013.

Reasons

1. Basic facts

A. On July 20, 2012, Nonparty E acquired ownership of the real estate listed in the separate sheet (hereinafter “instant real estate”). On October 12, 2012, Nonparty E registered the entry of the decision to commence compulsory auction to this court C by the creditor.

B. On January 22, 2013, the Defendant: (a) performed civil engineering (i) works on the instant real estate from the first order of August 2012 to October 2012 with respect to the said auction case; (b) reported a lien of KRW 67,40,000 for the construction cost not received from E as the secured claim; and (c) owned and managed containers indicated in the attached drawings on the instant real estate, among the instant real estate.

C. On July 29, 2013, the Plaintiff purchased the instant real estate at the above auction procedure and acquired its ownership.

[Reasons for Recognition] Unsatisfy, each entry and video of Gap evidence 1 to 3 (including virtual numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion (1) is that the defendant's claim for construction price has not yet arrived before the commencement of the auction of this case, and there is no lien since the defendant's claim for construction price has not yet been due and did not occupy the real estate of this case.

(2) Defendant: The Defendant: (a) received daily allowances from E along with the constructor F, G, etc., the transferor of the instant real estate, from August 14, 2012 to October 8, 2012; (b) completed civil engineering works on D land among the instant real estate from August 14, 2012; and (c) possessed containers on D land from around that time; and (d) completed civil engineering works on other real estate from October 21, 2012; and (b) completed the said civil works on other real estate, there is a lien equivalent to the amount of civil construction works.

B. (1) In order to exercise a lien, the subject matter of the lien must be possessed, and when the entry of the decision on commencing auction has been registered on the subject matter of the lien, the seizure shall become effective, and thereafter, even if the possession of the subject matter of the auction has been acquired, the possessor shall be contrary to its validity and shall be subject to the execution creditor in the auction

arrow