logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2014.12.18 2014가합11217
유치권부존재확인
Text

1. As to the attached real estate, KRW 50 million to Defendant A, KRW 200 million to Defendant B, and KRW 300 million to Defendant C, respectively.

Reasons

1. Basic facts

A. The Plaintiff acquired the right to collateral security and the right to collateral security from the National Agricultural Cooperative Federation, which is a mortgagee of the instant real estate (hereinafter “instant real estate”), as the case of the voluntary auction of D real estate (hereinafter “instant voluntary auction”) in the process of the auction procedure, as well as the mortgagee of the instant voluntary auction.

B. On August 10, 2012, Defendant A reported the right of retention in the instant voluntary auction case alleging that, although Defendant A was awarded a contract for interior works for the building 2 and 3 floors among the instant real estate from E, it did not receive KRW 500 million for the construction cost, Defendant A reported the right of retention.

C. At the time of investigating the current status of the instant real estate, Defendant B was awarded a contract for an elevator construction for the fifth floor exclusive use of the building from the instant real estate, but did not receive construction cost of KRW 200 million. Defendant C was awarded a contract from E in around 2012, and performed the instant real estate, but the construction cost of KRW 300,000,000,000,000,000 were stated as KRW 70,000,000,000.

The author stated that he was not paid it, and stated that he was the lien holder.

[Ground for recognition] Unsatisfy

2. The assertion;

A. In a passive confirmation lawsuit, if the Plaintiff asserted that the cause of the right first occurred, the Defendant, the right holder, is liable to prove the fact that the right holder is the requirement of the right relationship. Therefore, in this case, the Defendants asserted that the lien holder is the lien holder should prove the existence of the secured claim, which is the requirement of the right of retention, and the fact that the requirements for establishing the right of retention

B. The Defendants established Defendant B on the instant land parking lot prior to the date of the decision to commence the voluntary auction in order to complete construction works for each of the instant real estate and receive the payment thereof.

arrow