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(영문) 춘천지방법원 2014.12.10 2014가합5272
채무부존재확인
Text

1. The defendant's claim against D&C Co., Ltd. on the real estate listed in the attached list as the secured claim.

Reasons

1. Basic facts

A. On April 19, 201, the Plaintiff: (a) each of the lands listed in the separate sheet owned by the Co., Ltd. (hereinafter “Nonindicted Co., Ltd”; (b) and (c) listed on the separate sheet owned by A, etc. [each land listed in paragraphs (1), (3) through (6) is owned by Nonparty Co., Ltd.; (c) four of the lands listed in paragraphs (7) are owned by Nonparty Co., Ltd.; and (d) four of the lands listed in paragraphs (18 through (21) are owned by the subsidiaries, etc.; and (e) four of the lands listed in paragraphs (7) are owned by the subsidiaries, etc.; (c) “each land”; and (d) each land is collectively “O land”; and (e) each land is set up with a collective auction application based on each of the above collective mortgages; and (e) completed the registration of the decision to commence the auction on November 12, 2012.

B. On January 9, 2010 and April 2010, the Defendant received an order for payment of the said construction cost and delay damages from the non-party company on the part of the Hongcheon-gun District Court of 2012, under the contract from the non-party company for the housing site creation work (hereinafter “the instant construction work”), and completed the construction work on or around November 201, but did not receive construction cost of KRW 253,83,200 from the non-party company, the Defendant installed two containers at the entrance of the road into each of the instant land and at each of the instant land, “the Defendant shall exercise the lien on each of the instant land” and installed two containers at each of the aforementioned land.

C. On February 12, 2013, when the above auction procedure was in progress, the Defendant reported the right of retention on each of the land of this case on the ground that “the construction of this case was performed even if the construction of this case was performed, and it was not paid the construction cost and damages for delay, and thus it occupied each of the land of this case.”

When the sale of each of the instant real estate was conducted four times in the said voluntary auction case, the Plaintiff applied for the said voluntary auction on February 24, 2014.

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