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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2017.06.30 2016가단242734
유치권부존재확인의소
Text

1. As to the auction of real estate C by the Seoul Southern District Court between the Plaintiff and the Defendant A, attached Form A.

Reasons

1. The Plaintiff, based on the facts, filed a petition for auction with the creditor and the mortgagee of the right to collateral security at the Seoul Southern District Court C real estate auction case (hereinafter the auction of this case) with respect to the real estate listed in the attached list (hereinafter the instant real estate). The Defendants filed each of the reports on the right to collateral security at the auction procedure of this case, did not conflict between the parties.

2. The judgment on the plaintiff's claim against the defendant A is that the defendant A does not possess possession of the real estate of this case. Thus, there is no lien on the real estate of this case by the defendant A.

The plaintiff's argument about defendant A is with merit.

3. Determination as to the plaintiff's claim against the defendant B

A. The Plaintiff reported the right of retention against Defendant B’s claim for necessary and beneficial expenses regarding the instant real estate as the preserved claim. However, Defendant B was deemed to have a doubt as to whether the actual lease exists, while Defendant B’s right of retention does not exist.

In full view of the purport of the pleadings and the whole purport of the arguments in each statement or image of evidence Nos. 10 (including each number), 11, 11 and 1 through 9, Defendant B had been operating the electronic device repair business from July 1989 with the location of the pertinent real estate as E, and Defendant B leased and used the ground floor of the instant real estate from around July 1989 with the owner D around 1997, and from around 1997, Defendant B leased and used the ground floor of the instant real estate from around 2003 to the third floor of the instant real estate. Defendant B occupied the instant real estate underground, 2, 3, 4 (building tower, etc.) as the lessee of the instant real estate and around May 2014 and around June 39, 2013 with the total expenses incurred by Defendant B from the construction of the instant real estate as the lessee of the instant real estate and around 30,000 won.

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