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(영문) 인천지방법원부천지원 2016.06.03 2015가합102315
유치권부존재확인의 소
Text

1. It is confirmed that the Defendants’ lien on each real estate listed in the separate sheet does not exist.

2...

Reasons

1. Basic facts

A. On November 18, 2013, Liti Co., Ltd. (hereinafter “Tti”) purchased approximately 6,500 square meters of the land of KRW 6,500 (the land specified as the land indicated in the attached Table No. 1 following a split-merger; hereinafter “instant land”) from the Defendant Agricultural Co., Ltd., Ltd. (hereinafter “Defendant Co., Ltd.”) on the part of the Defendant Co., Ltd., Ltd. (hereinafter “Defendant Co., Ltd.”) and ordered the Defendant Co., Ltd to undertake the construction of a new factory of approximately 420 square meters on the said land (including civil construction works with respect to the instant land; hereinafter “instant construction”).

Although the defendant company formally constructed the above factory and sold it to the paper company, its substance is a new construction of a specific scale and form of a factory as required by the paper company, and it is a contract.

B. On January 20, 2014, the Defendant Company entered into a subcontract for the instant construction project with Defendant A, and the building specified in attached Tables 2, 3, and 4 (hereinafter “instant building”) was completed on or around April 2014 when Defendant A continued construction under the said subcontract, and the ownership preservation of the instant building was completed on or around July 10, 2014.

C. Meanwhile, on November 21, 2014, upon the application of the Industrial Bank of Korea, which was the mortgagee, the voluntary auction procedure was commenced with respect to the instant land and building, Incheon District Court Dacheon Branch C, and thereafter, the Plaintiff acquired the right to collateral security on the instant land and building from the Industrial Bank of Korea and acquired the right to collateral security claim

1. 19. During the above voluntary auction procedure, the report on the change of the creditor to the plaintiff is completed.

On January 29, 2015, the Defendant Company reported the right of retention in relation to the instant construction works, with each of the claims for construction cost of KRW 1,130,637,90, and the claims for construction cost of KRW 632,590,000 as the secured claims.

[Ground of Recognition] Facts without dispute, Gap Nos. 1, 2, 6 through 9, Eul No. 11.

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