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(영문) 의정부지방법원 2016.11.25 2015가합3171
유치권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. (1) On October 20, 2002, D purchased 3,667 square meters (487 square meters out of them are divided into G) prior to H 7,255 square meters (10 square meters out of them are divided into J, 2,827 square meters) prior to K, 5,803 square meters (3,321 square meters out of them are divided into L) before K to newly construct a logistics warehouse on each of the above lands, and then settled it into 00 and 000 square meters after obtaining consent to use the site from L, for the construction of the logistics warehouse on February 20, 2003, after entering into a contract for the construction of the above new logistics warehouse to M and N as 00, 000, 000, 300, 30,000, 40, 20, 200, 30, 20, 4, 200, 24, 20, 3, 4, 200,

3) On the other hand, on October 15, 2005, C agreed to exchange the land owned by P including C, Q, and 202 through 214 of the second floor of the land moving from the land surface to the land surface, and on October 25, 2005, upon entering into a sales contract with the network E to purchase the above land from the network E, and M and N accepted the above debt acquisition obligation of M and N, and thereafter C accepted the above debt acquisition. 4) Even if the ownership transfer registration was completed with respect to each land listed in the separate sheet on December 15, 2005 (hereinafter “the land in this case”), C and M and N did not pay the above debt for the construction price even after they completed the ownership transfer registration under their respective names, and it did not pay the above debt for the construction price from Sep. 12, 2006 to 300,500,000,000 won for delay damages as above.

‘The Agreement on the Payment of the Contract Price' shall be in force.

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