logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2019.11.28 2018나12325
유치권 부존재 확인
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the first instance trial, the Plaintiff sought confirmation of the absence of a lien with respect to each real estate listed in the separate sheet against the Defendants and the Codefendant B Co., Ltd. (hereinafter “B”) on each real estate listed in the separate sheet, which ought to be seen as below. The court of first instance cited all the real estate listed in the separate sheet Nos. 1 through 9 among the claims against B and the claims against the Defendants, and dismissed the part regarding each real estate listed in the separate sheet Nos. 5 through 8. The part concerning each real estate listed in the separate sheet No. 2 through 9 is cited only as the secured claim listed in the separate sheet No. 1 to 9, and the part regarding each of the real estate listed in the separate sheet No. 1 to 9 is dismissed.

Therefore, since only the plaintiff filed an appeal against the defendants, the scope of the judgment of this court is limited to the claim for confirmation of the non-existence of the lien with the secured claim on each real estate listed in the [Attachment Table 5 to 8, which is the part against the defendants of the first instance court against the defendants of this case.

2. The reasoning for the court’s explanation of this part of the underlying facts is as stated in the corresponding part of the reasoning of the judgment of the first instance except for the case where each of the Defendant B’s “B” is cited as “B,” and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure

3. According to the Plaintiff’s assertion, there is no right of retention of the Defendants (hereinafter “the right of retention of this case”) that set the claims listed in No. 1 of the table of the instant lien as the secured claim regarding each of the instant buildings as to each of the instant buildings.

Nevertheless, the Defendants asserted the instant lien, thereby seeking confirmation against the Defendants that the instant lien does not exist. A.

B, Defendant A is an individual company of Defendant C, and E is merely a person who lends the name of the owner to Defendant C.

arrow