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(영문) 서울서부지방법원 2018.02.08 2017가합1332
유치권존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On July 10, 2013, the decision to commence the sale of real estate (Seoul Western District Court B) was made on July 10, 2013 with respect to each building listed in A’s Schedule (hereinafter “each building of this case”) as the owner at the request of the National Federation of Fisheries Cooperatives, and the registration of each of the entries was completed on July 11, 2013.

In the above auction procedure on May 23, 2017, the Defendant obtained the decision to permit the sale of each of the instant buildings, and acquired the ownership of each of the instant buildings by completely paying the sale price on June 27, 2017.

On July 21, 2017, the Defendant occupied each of the instant buildings, and filed an application with the Seoul Western District Court for an order to deliver each of the instant buildings to the Plaintiff, claiming that he/she is the lien holder. On August 1, 2017, the Seoul Western District Court rendered a ruling of admitting each of the instant buildings as to each of the instant buildings listed in attached Table 2 (C) and the ruling of admitting each of the instant buildings listed in attached Table 1 (DD) on September 1, 2017, respectively.

(hereinafter referred to as “each order of delivery of this case.” The Plaintiff appealed each order of delivery, but on September 25, 2017, received each order from the Seoul Western District Court (Seoul Western District Court No. 2017Ra86, 2017Ra87).

The Defendant delegated enforcement of each of the instant extradition orders to the enforcement officer of Seoul Western District Court, and the enforcement officer completed compulsory execution on September 29, 2017 according to each of the instant extradition orders.

[Based on the ground of recognition] The Plaintiff’s assertion on the facts without dispute, Gap evidence Nos. 3 and Eul evidence Nos. 1 and 3 (including each number), the facts shown in this court, and the ground of claim as to the whole purport of the pleadings, was carried out on March 25, 2009 after being awarded a contract for the interior construction of "F building" on the ground of Yongsan-gu Seoul Yongsan-gu Seoul, Taeyang-do Co., Ltd., and exercised a lien by occupying each of the buildings of this case in order to preserve the claim for construction cost amounting to KRW 800,000,000.

The plaintiff on October 2011.

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