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(영문) 전주지방법원정읍지원 2019.05.22 2018가합2535
유치권존재확인
Text

1. As to the warehouse building indicated in the annexed real estate, 539,486,233 won of the construction price shall be the secured claim.

Reasons

1. Basic facts

A. On July 21, 2016, the Plaintiff: (a) determined and supplied the amount of KRW 836,00,000 (including value-added tax) for warehouse construction-public works (hereinafter “instant construction works”) on the ground of the land of the 3,908 square meters in the Donan-gun-gun, Jeonbuk-gun-gun (hereinafter “limited liability company C”); and (b) from August 5, 2016 to December 27, 2016, with regard to the construction of warehouse-public works (hereinafter “instant land”) on the ground of the land of the 3,300,000 square meters in total; and (c) from August 5, 2016 to December 27, 2016.

B. On May 22, 2017, a limited liability company C sold the share of 3,146/7,300 square meters in the 7,300 square meters in Jeonan-gun, Jeonbuk-gun, and 1,384 square meters in E, and 3,908 square meters in F. On the same day, the Defendant (former trade name: Agricultural Company H Limited Company; Trade name change on December 19, 2017; trade name change on December 26, 2017); (i) sold the share of 4,154/7,300 square meters in the 7,300 square meters in the Daan-gun, Jeonan-gun, the Jeonan District Court received on May 29, 2017, and completed the registration of ownership transfer from the Defendant (former name change: Agricultural Company H Limited; and (ii) registered on December 26, 2017.

C. On September 25, 2017, G sold to the Defendant the share of 3,146/7,300 square meters among the 7,300 square meters in Jeonbuk-gun, Jeonbuk-gun, and the Jeonju District Court completed the registration of transfer of ownership to the same purport as the receipt No. 19467 on November 3, 2017.

On the other hand, on May 11, 2017, the Plaintiff agreed to transfer the lien and the secured claim at the construction site of this case to 400,000,000 won. However, in a case where the above amount is not deposited, the Plaintiff entered into a lien transfer and takeover contract with the effect of invalidation of the contract (hereinafter “instant transfer and takeover contract”), but the Plaintiff did not pay all the amount set forth in the said contract.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 4, and 6 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

(a) the underlying facts of the judgment on the cause of the claim, the entries in Gap evidence 1, 3, 4, and 5, and the result of this court’s on-site inspection;

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