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(영문) 서울동부지방법원 2017.05.12 2016가단31603
유치권존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On the following arguments by the Plaintiff, the Defendant did not submit a written response and did not appear on the date of pleading, and thus, the Plaintiff is deemed to have led to confession.

A. On March 10, 2014, the Defendant contracted the Plaintiff with the cost of KRW 42 million for each real estate repair work indicated in the separate sheet.

B. The Plaintiff completed the said construction, but the Defendant did not pay the price.

2. The Plaintiff, who has the Plaintiff’s claim for construction cost (the cause of claim), occupied each of the above immovables, and thus, the Plaintiff acquired a lien on each of the above immovables.

claim confirmation against the defendant.

3. A lawsuit seeking confirmation of absence of benefit of confirmation is recognized in cases where it is the most effective and appropriate means to remove the Plaintiff’s legal status’s apprehension and risk.

If the defendant fails to receive the construction cost as alleged by the plaintiff, it is the direct means to claim the payment of the construction cost rather than to claim the confirmation of the right of retention against the defendant. Since the defendant does not dispute or appeal against the plaintiff's claim for confirmation, it is no benefit of confirmation to claim the confirmation of the existence of a right of retention against the defendant.

4. The instant lawsuit is dismissed inasmuch as it is not lawful.

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