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(영문) 서울남부지방법원 2015.10.22 2015가합102805
유치권확인
Text

1. The main office of this case shall be dismissed.

2. The Plaintiff (Counterclaim Defendant) A shall be in accordance with the attached Form No. 1,385 square meters of the Guro-gu Seoul Metropolitan Government E river.

Reasons

Basic Facts

around October 1998, C Co., Ltd. (hereinafter referred to as “C”) was selected as a private capital inducement business entity, such as the installation and operation of the reservoir utilization facilities in Guro-gu Seoul Metropolitan Government E (F) 1,615 square meters (which seems to include the instant land).

C constructed a parking lot on the above land, donated it to Guro-gu, and used the above parking lot free of charge for 20 years.

C A around October 2006, the parking lot of the instant land (hereinafter referred to as “instant parking lot”) was completed, and obtained permission for free use of the said parking lot from Guro-gu Office from August 14, 2000 to August 13, 2020.

C On March 25, 2014, the Seoul Central District Court was declared bankrupt (2013Hahap134), and the defendant was appointed as C's bankruptcy trustee.

[Grounds for recognition] In the absence of dispute, Gap's evidence Nos. 1, 19, Eul's evidence Nos. 1 through 3 (including numbers for each number; hereinafter the same shall apply) and the main purport of the entire pleadings and the main purport of the lawsuit as to the main purport of the main defense, C awarded a contract for construction of the parking lot in this case to the Mu General Construction Co., Ltd. (hereinafter the "Su General Construction"). On January 29, 200, plaintiff B completed construction by accepting a subcontract for the civil works among the above construction works.

Plaintiff

B On August 26, 2011, the Plaintiff acquired the claim for construction cost of KRW 330,000,000 related to the said construction work from the non-party Heung Construction Co., Ltd. (hereinafter “Daung Construction”) who succeeded to the rights and obligations related to the said construction work, and received a favorable judgment on February 15, 2013, by filing a lawsuit against C seeking KRW 330,000,000 and its delay damages.

Plaintiff

A has been awarded a contract with C for the completion of the instant construction work on January 2004, when the Plaintiff B completed most of the instant parking lot construction, and installed a container for the collection of parking charges, parking lot pentle parking zone and parking management, waterproof construction of the instant land, surrounding rearrangement, and street lamps.

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