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(영문) 울산지방법원 2016.10.19 2015가합22461
유치권부존재 확인
Text

1. It is confirmed that the Defendant’s lien does not exist with respect to Ulsan-gun C, Ulsan-gun, 1236.6 square meters.

2...

Reasons

Basic facts are the Plaintiff’s legal relationship between the Plaintiff and the Defendant Company with respect to the instant land, etc., and the Plaintiff is the owner of the real estate listed in paragraph (1) of this case (hereinafter “instant land”); and D (hereinafter “D”) was the executor of the instant land to newly build and sell the main complex building (hereinafter “instant building”).

On July 30, 2007, the Plaintiff sold the instant land in KRW 1,100,000,000 to D on July 30, 2007, but the purchase price was paid upon D’s receipt of project strike from the Pacific Savings Bank.

On October 15, 2007, the Plaintiff and D agreed to construct the instant building (hereinafter “instant construction”) on March 26, 2008, with the co-owner of the instant building from the Ulsan-gun Office, and D awarded a construction permit as the co-owner of the instant building, and around March 26, 2008, D awarded a contract for the instant construction of the instant building (hereinafter “instant construction”).

No. 2-3 of A, however, the above Corporation was suspended as a civil petition by the neighboring residents of the land of this case, and D and EL Construction resumed without permission on March 25, 2009, and received instructions from the Ulsan-Gun Office for the suspension of re-construction and the thorough implementation of construction permission conditions, and D did not receive project financing from the above savings bank, etc.

On June 3, 2009, the representative director E, F, and the defendant (formerly named “G Co., Ltd.,” hereinafter referred to as the “Defendant Co., Ltd.,”)’s representative director H, and the plaintiff’s representative director I, on June 3, 2009, transferred the status of D as to the instant business and changed the event from D to the defendant company. The defendant company purchased the instant land from the plaintiff for KRW 1,130,000,000 and agreed to pay the purchase price within two months.

(hereinafter referred to as the “instant sales contract”). The Defendant Company received the instant land from the Plaintiff after the said contract.

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