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(영문) 의정부지방법원고양지원 2016.10.07 2016가단78963
유치권존재 확인의 소
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. Nonparty C purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) around April 14, 2014, and completed the registration of ownership transfer on May 30, 2014.

At the time, there was a warehouse building in the above real estate.

B. On the other hand, around May 2014, between the Plaintiff and C and D, the Plaintiff completed KRW 80,000 and civil engineering works for the removal of the instant real estate-based building and the removal of the instant real estate-based building. On the other hand, upon the construction permission, the agreement was made between the Plaintiff and the contracting period for the construction of the factory. The agreement was accompanied by the certificate of personal seal impression, etc. of the limited company E, which Nonparty C was employed

C. Since then, the Plaintiff: (a) removed the instant real estate-based building and installed a axis on the land; and (b) performed civil engineering works.

On the other hand, on May 30, 2014, the registration of the creation of the right to collateral security was completed with respect to the instant real estate, which was KRW 1,209,000, the mortgagee of the right to collateral security, Seoul Agricultural Cooperatives, the maximum debt amount of KRW 1,209,000. On the same day, the said mortgagee applied for the commencement of voluntary auction to the Jinyang Branch Court F for the instant real estate, and on the same day, the registration of the decision to commence voluntary auction was completed on January 12, 2015.

E. At the above auction procedure (hereinafter “instant auction procedure”), the Defendant (Appointed Party; hereinafter “Defendant”) (Appointed Party”); 35/100 shares in the appointed Party G; 30/100 shares in the appointed Party H; and 30/100 shares in each auction and completed the registration of ownership transfer on May 2, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff had been awarded a contract with C for the removal of existing buildings and civil engineering works, and had KRW 80,000,000 for the construction cost of the instant real estate after the removal and civil engineering works were completed with respect to the instant real estate on or around July 2014, and continued to neglect part of the remaining part of the removal of existing buildings on the instant real estate.

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