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(영문) 서울고등법원 (인천) 2021.01.28 2019나12822
유치권 존재 확인 등
Text

The following part of the judgment of the first instance shall be revoked:

The defendant shall submit the attached list Nos. 11 and 11 to the plaintiff.

Reasons

1. Basic facts

A. As of March 30, 2012 between the Plaintiff and D, a contract for construction work to be executed on July 27, 2012 with respect to new construction of multi-household houses on the ground, other than the land listed in attached Table 1, as indicated in attached Table 1, was drafted on July 31, 2012, and December 31, 2012 (hereinafter “instant contract”).

B. D, on August 8, 2012, acquired ownership of each land listed in paragraphs 1 through 3 of the attached Table (hereinafter “each land of this case”) on the land listed in paragraphs 1 and 2 of the attached Table No. 1, and constructed F buildings G, H, each building (hereinafter “G Dong,” and “H Dong”) on the ground indicated in paragraphs 1 and 2 of the attached Table, and the land listed in paragraph 3 of the attached Table was changed to the road category on September 5, 2014.

(c)

Attached Form

Each of the real estates listed in paragraphs 4 through 22 of the list (hereinafter referred to as "each of the instant buildings") refers to each of the instant real estates listed in the list 4 through 22 (hereinafter referred to as "each of the instant buildings") and, when referring to each of the units, only Dong and lakes shall be recorded, and each of the instant buildings and the instant lands, collectively, is the said F buildings G and H sections

(d)

On June 23, 2015, the registration for the preservation of ownership in the name of D was completed due to the application for provisional disposition by I Co., Ltd. on the building in this case.

E. On August 27, 2015, upon the request of the creditor J, the Incheon District Court made a decision to commence compulsory auction of each building of this case to K of the Incheon District Court on September 23, 2015 upon the request of the creditor L, and the decision to commence compulsory auction of each real estate of this case to M of the Incheon District Court on September 23, 2015 was made upon the request of the creditor L, and on August 5, 2016 upon the request of the neighboring right holder I, the decision to commence voluntary auction of each building of this case and each land listed in Tables 1 and 2 of the separate sheet was made to the Incheon District CourtO, and the above three auction procedures were combined.

F. On September 18, 2015, the Plaintiff reported in the said auction procedure the right of retention, with the construction works on each of the instant real property and the construction cost claims arising from the ancillary civil works, as collateral claims (1.3 billion won).

G. The Plaintiff entered into the said contract against D on November 12, 2015.

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