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(영문) 대전지방법원천안지원 2015.09.04 2014가합103889
유치권부존재확인 청구의 소
Text

1. The plaintiff's lawsuit shall be dismissed.

2. Defendant A Co., Ltd., as to each real estate listed in separate sheet Nos. 1 and 2.

Reasons

1. Basic facts

A. A. As to the instant land, I applied for a compulsory auction by J, and this Court rendered a decision to commence the auction on October 29, 2013 (hereinafter “instant decision to commence the auction”), and the entry registration was completed on the same day.

B. The Plaintiff filed an application for voluntary auction of the instant land with respect to the instant land, which is a mortgagee of the right to claim a loan against K Co., Ltd. as well as a mortgagee of the right to claim a loan against L Co., Ltd. (hereinafter “instant auction procedure”); and the instant court rendered a decision to commence the auction on April 22, 2014; on the same day, the entry registration was completed.

C. L and K Co., Ltd. (hereinafter referred to as “stock company L”) contracted to construct three buildings, including buildings listed in [Attachment List No. 3] on the instant land (hereinafter “instant project”), but now the construction was suspended.

In the instant auction procedure, Defendant A reported a lien with the effect that, on November 12, 2013, Defendant A Co., Ltd. claims for construction design and design and supervision expenses, Defendant B Co., Ltd. claims for the construction cost on December 18, 2013, Defendant C Co., Ltd. for the construction cost on January 9, 2014, Defendant D Co., Ltd. for the real estate development cost claims on July 4, 2014, Defendant E Co., Ltd. for the construction cost claims on July 4, 2014, Defendant F, G, and H exercising the lien on each of the instant real estate on July 14, 2014.

E. On March 26, 2015, the Plaintiff transferred to the Intervenor succeeding to the Plaintiff the claim and each right to collateral security against L, and completed additional registration of transfer of each right to collateral security.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 11 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. We examine the legality of the Plaintiff’s lawsuit ex officio by the determination of the Plaintiff’s lawsuit.

The plaintiff is the real estate of this case.

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