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(영문) 대전고등법원 2018.09.13 2018나11488
유치권 부존재 확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

Basic Facts

The reasoning for this part of this Court is as follows, and this part of this Court's reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is stated in the corresponding part of the judgment of the first instance.

3. The 8th of the beginning of the 3th of the 6th place "the building of this case" shall be advanced as follows.

On July 29, 2013, the Plaintiff agreed to pay KRW 12,50,000,000 for the first progress payment until September 2, 2004, and KRW 12,150,000 for the second progress payment until October 5, 2004, and KRW 38,50,000,000 for the remainder payment, respectively, within 10,000,000,000,000,000,000 for each of the instant buildings listed in the separate sheet (hereinafter “instant building”) in the procedure for the auction of real estate rent (hereinafter “instant auction procedure”). The Defendant received on February 15, 2004, and completed the construction work on May 10, 200, and completed the construction work on the first instance of the instant four indoor stories, and completed the construction work on May 13, 204, respectively.

The "Defendants" shall be changed to "Defendants and the co-defendants of the first instance trial".

The term "this court" shall be deemed to be "the astronomical Support of Daejeon District Court".

Plaintiff’s assertion

The defendant, who has no right of retention, lost his possession due to the failure to recover possession after July 28, 2013 or September 20, 2013, who was deprived of R or the plaintiff's possession from the plaintiff.

Since the defendant commenced possession of the building of this case without the consent of H, the defendant's possession is illegal possession.

Even if a lien on the instant building is recognized to the Defendant, the Defendant commenced possession after May 9, 2005, on which the registration of the decision on voluntary commencement of auction was completed, as to the instant building.

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