(영문) 수원지방법원 2017.12.20 2017가단505403

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(영문) 수원지방법원 2017.12.20 2017가단505403

유치권확인 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. On December 18, 2012, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with Nonparty B and one other and one real estate listed in the separate sheet (hereinafter “instant real estate”) for the construction of a neighborhood living facility (retail store) on the ground (hereinafter “instant new construction”) at KRW 379,390,000 for the construction cost.

B. The Plaintiff commenced the instant new construction project on January 14, 2013 in accordance with the instant construction contract, and did not pay the down payment as well as the down payment exceeding the agreed construction cost payment period.

C. While commencing the new construction of this case, the Plaintiff leased one container to use it as a site office in the real estate of this case, and has occupied the real estate of this case until now.

However, on November 29, 2016, the Defendant awarded the instant real estate bid on November 29, 2016 and completed the registration of ownership transfer on December 27, 201.

E. As the Plaintiff possessed the instant real estate from May 16, 2013, it is necessary to seek confirmation on the following grounds: (a) the Plaintiff’s claim for construction cost amounting to KRW 73.6 million was a claim arising in relation to the instant real estate; and (b) there was a relation between the claim and the instant real estate; and (c) since the Plaintiff occupied the instant real estate from May 16, 2013, the Plaintiff has a right of retention that covers the said claim

2. Determination: (a) The lien is a statutory security right based on the “claim arising from another’s goods or securities” as the secured claim; (b) in order for a lien to be established, the lien is required between the things to be retained and the secured claim; and (c) Meanwhile, in a case where a contractor, who was awarded a contract for a new construction of a building, installed on the land and installed on the land the fixtures that cannot be viewed as independent buildings under

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