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(영문) 전주지방법원정읍지원 2019.09.10 2018가단13668
유치권존재확인
Text

1. The plaintiff Eul's lawsuit against defendant D is dismissed.

2. The plaintiff A and C.

Reasons

Basic Facts

On May 4, 2017, Defendant D Co., Ltd. (in the case of a stock company, only the name of each company omitted the “stock company”) approved the management entrustment plan to entrust the management of the “F” located in the former Eth unit of North Korea E (including all the real estate listed in the attached list) and permit the use and profit-making.

Plaintiff

A, around July 3, 2017, entered into a contract with Defendant D to receive payment of construction costs of KRW 51,090,60 with respect to internal electrical construction, electric construction, and electric class installation works with Defendant D, and conducted internal electrical construction and electric class installation works on each real estate listed in attached Tables 2, 3, 4, and 5.

Plaintiff

C Around May 10, 2017, after entering into a contract with Defendant D to receive a contract for construction cost of KRW 391,60,000, the F’s facility supplementation works were maintained and repaired in the part of 80 square meters in the ship connecting each point of the real estate listed in the attached Table No. 1 of the attached Table No. 1, 2, 3, 4, 5, 6, 7, 8, and 1, among the real estate listed in the attached Table No. 1 of the attached Table No. 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 9, sewage pipes were installed in the part of 40 square meters in the ship connected each point of the same map No. 9, 10,

Plaintiff

B Around June 16, 2017, entered into a contract with Defendant D to receive a contract for the construction cost of KRW 209,000,000 for the construction work of a temporary building in F, and constructed a new building in attached Table 6.

[Ground of recognition] Defendant D: The summary of Plaintiff B’s assertion as to whether the lawsuit against Defendant D against Defendant D is legitimate or not, based on the following facts: (a) the confession party (Article 150(3) of the Civil Procedure Act); (b) the fact that there is no dispute; (c) the evidence No. 1 through No. 5 (including the number of pages; hereinafter the same shall apply); and (d) the evidence No. 1, 5, 10 through 14; and (e) the overall purport of the pleading; and (c) the purport of Plaintiff B’s argument as to whether the lawsuit against Defendant D against Defendant D was lawful or not; and (d) the Plaintiff acquired the lien by occupying the real estate listed in the attached Table No. 6 as the secured claim against Defendant D; and (e) the Plaintiff acquired the lien against Defendant D.

. Determination.

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