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(영문) 서울중앙지방법원 2017.08.09 2016가합574432
유치권부존재확인
Text

1. It is confirmed that the defendant's lien does not exist with respect to each real estate listed in the attached list of real estate.

Reasons

1. Basic facts

A. On October 26, 2014, the Defendant entered into a construction contract (hereinafter “instant contract”) with the Defendant with respect to the real estate stated in paragraph (1) of H-gun I and J land owned by H, K, L land owned by Sung-gun Co., Ltd., and the attached Table of Real Estate List No. 156,000,000, and the construction cost to perform the civil construction works for M-electric Housing Complex (hereinafter “instant construction works”) from October 29, 2014 to February 2, 2015.

The instant contract provides that “The repayment shall be made by a bank loan after new construction of a house” with respect to the payment of the price.

On the other hand, in addition to the instant construction project from H, the Defendant was awarded a contract for the new construction of a detached house on the land of I, N, and O, a neighboring land.

B. The real estate listed in paragraph (2) of the attached list of real estate was divided into K on January 22, 2015, and the real estate listed in paragraph (1) of the attached list of real estate was combined on November 1, 2016.

(hereinafter referred to as “instant land”) where each real estate listed in the separate sheet of real estate is collectively referred to.

On October 1, 2015, the Yongsan Integrated Saemaul Depository, the mortgagee of the instant land, applied for a voluntary auction on the instant land (hereinafter “instant auction”), and rendered a voluntary decision to commence the auction on October 1, 2015, and the registration of the voluntary decision to commence the auction was completed on the same day.

On January 11, 2016, the fixed period for the demand for distribution of the auction of this case was set.

On May 31, 2016, the Defendant filed a lien in the instant auction procedure by asserting that he/she had a claim for construction price regarding the instant land.

E. At the instant auction procedure, the Plaintiffs purchased each share of 1/6 of the instant land, paid in full the sales price, and completed the registration of ownership transfer as to each share of 1/6 above on July 8, 2016.

[Reasons for Recognition] In the event there is no dispute, Gap evidence Nos. 1, 2, 4, 5, and 8.

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