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(영문) 창원지방법원 2015.09.09 2014가단87598
유치권부존재확인
Text

1. The defendant's claim for construction cost of KRW 290,000,000 shall be the secured claim regarding the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. On October 11, 2012, the Plaintiff completed the registration of the establishment of a neighboring real estate at KRW 1,200,000,000,000, with respect to each of the instant real estate on October 11, 2012, using each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as joint collateral, with regard to each of the instant real estate as joint collateral, with regard to each of the instant real estate as the debtor B, the mortgagee B, the Busan Southern-do Preemptive Co., Ltd., the maximum debt amount of KRW 1,560,000.

(hereinafter “instant collateral security”). B.

On January 22, 2014, the Plaintiff filed an application for voluntary auction on each of the instant real estate with the court C, and received a decision to commence voluntary auction (hereinafter “instant auction procedure”).

C. On July 8, 2014, the Defendant asserted the claim for construction cost of KRW 290,000,000 against B in relation to each of the instant real estate in the instant auction procedure and filed a lien report.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 2, Gap evidence No. 3-1, the purport of the whole pleadings

2. Determination as to the cause of claim

A. 1) The Defendant’s assertion that the Plaintiff’s claim for the construction cost as the secured claim regarding each of the instant real estate does not exist. 2) The Defendant asserted that the Defendant: (a) remodeled each of the instant real estate at the Defendant’s expense on July 2009 between D and D, the former owner of each of the instant real estate; (b) decided to reside free of charge for seven years from the time of the completion of remodeling construction; and (c) thereafter, as D’s Cho-man was changed to the owner, the Defendant succeeded to the said gratuitous lease agreement.

Therefore, on August 1, 2010, the Defendant and B entered into a free lease contract with the content that each of the instant real estate was repaired or remodeled, and that the instant land was constructed, but that was leased free of charge for seven years from March 31, 2011 to March 30, 2018, when the construction work is completed.

Accordingly, E, the husband of the defendant, from July 2009.

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