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(영문) 수원지방법원안산지원 2017.11.16 2016가합9688
유치권부존재확인청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The defendant's construction work 1) The defendant's construction in each mountain corporation on March 6, 2007 (hereinafter "each mountain construction").

(C) the land listed in the separate sheet No. 1 (hereinafter referred to as “instant land”).

2) The shopping mall of this case is the shopping mall of this case.

A) A contract was received for construction cost of KRW 17.1 billion. The Defendant had suspended construction around July 2007, since each of the construction works was not paid during the process of the construction work (the shopping mall in the process of new construction is a building during the construction of this case).

(2) On August 10, 2007, the Defendant filed a lawsuit against each mountain construction in the Suwon District Court’s Ansan Branch (2007Gahap4872), and on September 22, 2008, the conciliation was concluded that “each mountain construction shall pay 1.9 billion won to the Defendant by May 31, 2009” between the Defendant and each mountain Construction. If each mountain Construction delays the above payment, it shall pay 20% delay damages per annum.”

B. The Plaintiff’s acquisition of ownership 1) On September 8, 2005, each mountain Construction entrusted the instant land to the Daol Real Estate Trust Co., Ltd., Ltd., and on December 26, 2008, the Daol Real Estate Trust Co., Ltd., a trustee, made Daol Real Estate Trust Co., Ltd., the Korea Savings Bank Co., Ltd. (former Mutual Savings Bank, Korea Mutual Savings Bank, Korea

A) On December 30, 2008, the instant land and the instant shopping mall were assigned to another person, and accordingly, the ownership transfer registration was completed in the name of the Korea Savings Bank on the instant land. (2) The Korea Savings Bank, around October 2012, conducted a public sale procedure to dispose of the instant land, and the two companies, a corporation, etc., purchased the instant land on April 10, 2013.

3 The development of the second industry between the Plaintiff and the Plaintiff on September 30, 2013, the second industry development entrusted the instant land to the Plaintiff, and the Plaintiff acquired it.

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