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(영문) 대전고등법원 (청주) 2018.03.21 2017나6086
유치권부존재확인의소
Text

1. Upon a claim for a change in exchange by this court, the defendant shall provide each real estate listed in the separate sheet to the plaintiff.

Reasons

1. The reasoning for the court’s explanation on this part of the underlying facts is as follows, and the evidence Nos. 13, 16, 17, Eul evidence Nos. 11, 12, and testimony of witnesses B of the trial of the court is identical to the ground of the judgment of the court of first instance, except for adding “A” No. 13, 16, 17, Eul evidence No. 11, 12 (including paper numbers; hereinafter the same shall apply) and “the testimony of witnesses B of the trial of the court of first instance” to the [based grounds for recognition].

Additional Part

E. Meanwhile, on September 6, 2017, with respect to the instant land and building, a public auction procedure was initiated following the disposition on default (hereinafter “instant public auction procedure”).

The Plaintiff was determined to sell the instant land and buildings on December 4, 2017 in the said public sale procedure, and paid the purchase price on January 3, 2018, and completed the registration of ownership transfer on February 23, 2018.

F. The Defendant currently installs containers installed in the construction process of the instant building as they are on the instant land. In the instant building, a banner and a notice informing the exercise of the right of retention is attached to the instant building, and the instant land and buildings are occupied by installing locking devices at the entrance.

2. Determination

A. As to the cause of the Plaintiff’s claim, the fact that the Defendant possessed the instant land and buildings owned by the Plaintiff is identical to that of the Defendant, barring any special circumstance, the Defendant is obligated to deliver the instant land and buildings to the Plaintiff.

B. As to the defendant's defense of the right of retention, the defendant's summary of the defendant's assertion is the defendant's today's corporation (hereinafter " today's wave").

The instant building and land have been occupied since June 25, 2015, since the construction of the instant building was completed due to the construction of the instant building upon entering into a construction contract and the construction of the instant building, and the construction of the instant building was not paid the construction cost. As such, the instant building and land have a lien thereon.

Therefore, the defendant is the building and land of this case.

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