logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
대전지방법원홍성지원 2017.08.16 2016가단11202
유치권부존재확인 등 청구
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From May 4, 2016, the above real estate.

Reasons

1. Basic facts

A. B and C, their husbands, contracted the construction of a new construction industry corporation (hereinafter referred to as the “new construction company sign”) with 4-dong (101 to 104-dong, hereinafter referred to as “new construction loan”) on the land level D and 2-dong (hereinafter referred to as 101 to 104-dong, hereinafter referred to as “new construction loan”) in order to newly construct and sell B and her husband, and the new construction industry subcontracted E the said new construction work en bloc.

B. Under the guarantee of the new construction industry around May 2014, the Defendant was awarded a subcontract for the creative and interior construction works among the said new construction works from E (hereinafter “instant construction works”) with a contract amount of KRW 300 million.

C. As the Defendant could not receive construction payment from E during the process of performing the instant construction project, the instant construction project was suspended around October 2014.

E had a follow-up company do the remaining construction work during the instant construction work without knowledge of the Defendant, and obtained approval for the use of new loan on September 15, 2015.

E. The new construction industry and E, which did not receive the construction cost, exercised the right of retention in possession of new loan, but the new construction industry and E, which made it possible for B and C to receive loans from financial institutions and pay the construction cost.

F. Since the Defendant installed a banner around March 7, 2016 to the effect that the right of retention is exercised by entering each of the real estate listed in the separate sheet Nos. 102, 101, 102, 201, 202, 301, and 302, which was not sold in lots (hereinafter “instant real estate”), the Defendant occupied the instant real estate until now.

G. Meanwhile, the F purchased the instant real estate from March 5, 2016, and completed the registration of ownership transfer on May 4, 2016. On the same day, F completed the registration of ownership transfer on the instant real estate on the grounds of trust on May 3, 2016 to sell and purchase the instant real estate.

(h) From May 4, 2016 to May 3, 2018.

arrow