logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.09.18 2019가합61068
유치권존재확인
Text

The plaintiff (appointed party)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The gist of the Plaintiff’s assertion and the selector: C, who was the purchaser of the land listed in attached Form 1(1) (hereinafter referred to as “instant real estate”) and completed the construction work by being awarded a contract for the mold construction and the structural frame construction for the construction of the building on the ground above the land; and the Plaintiff did not receive each construction payment of KRW 151,725,00,000, and the selector did not receive each construction payment of KRW 70,000,000.

Since the above claim is a claim arising in relation to the real estate of this case and the maturity date has arrived on June 15, 2015, the right of retention on the real estate of this case is established for the plaintiff and the designated person who possessed the real estate of this case. Accordingly, the defendant, who is the owner of the real estate of this case, is disputing the existence of the right of retention on the real estate of this case and

2. In order to establish the right of retention, it shall be proved that the creditor continues to occupy the real estate which is the object of the right of retention up to the present day. However, the evidence submitted by the plaintiff alone cannot be viewed as possessing the real estate of this case as of the date of the closing of argument, and there is no other evidence to acknowledge it otherwise.

Therefore, the plaintiff's claim of this case is without merit without further review.

3. The plaintiff (appointed party)'s claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

arrow