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(영문) 인천지방법원 2018.09.19 2018가단10615
유치권존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The building construction process of the instant building 1) C is a building with two underground floors and ten stories above ground on the ground of 530.9m2, Nam-gu, Incheon Metropolitan City (hereinafter “instant building”).

Around October 1, 2005, the construction of the instant building was ordered to be newly constructed by setting the construction cost of KRW 2.73,714,00 and the construction period of KRW 12 months to the Bolar Construction Co., Ltd. (2) On November 3, 2006, the construction of the instant building was suspended in the course of the construction of the 2nd floor and the 3rd floor murging construction on the ground.

3) Around August 2007, C entered into a contract with E to transfer all the project rights related to the construction of the instant building, which was implemented by C, to E. 4) E established F to perform the new construction of the instant building, and then set the construction cost of the said construction from October 10, 2007 to March 20, 2008.

By October 30, 2008, the Myun Myun General Construction Co., Ltd. suspended construction before completion of the structural construction up to 10th floor of the aggregate building of this case, and completed the building of this case around October 30, 2009 through a modified contract, etc. to extend the construction period.

B. The Defendants’ acquisition of the instant building 103 No. 103) real estate listed in the separate sheet (103 of the instant building and 103 of the instant building; hereinafter “instant building 103”).

(2) On June 18, 2012, the Incheon District Court GJ rendered a decision to commence compulsory sale of the instant building on June 18, 2012, and the Defendant (Appointed Party) and the Appointed Party H (hereinafter “Defendants”) concluded the registration of ownership transfer on March 28, 2014, after purchasing the instant building 103 at the above auction procedure between husband and wife and paying the price in full.

C. On October 2014, the Defendants filed a lawsuit seeking delivery of 103 units of the instant building against I (Seoul District Court 2014Kadan65389, Jincheon District Court 2014da65389). However, I’s claim for the amount of the construction accounts related to 103 units of the instant building.

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