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(영문) 대전고등법원(청주) 2016.04.26 2015나10982
유치권확인
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. F Lending a license to a franchise comprehensive construction company (hereinafter “top comprehensive construction”) on November 12, 2008, under the order below the building indicated in the separate sheet attached to the land of Cheongju-si, Cheongju-si, Haju-si, H 969С and I 2,016С (hereinafter “instant land”) on the ground (hereinafter “instant land”), F is referred to as “this case’s loan” in the following order:

The construction of new construction works below 'the construction of this case'.

(B) From November 18, 2008 to May 30, 2009, the construction period was set and contracted. B. The Plaintiff was awarded a subcontract on December 12, 2008 with the construction cost portion of 50,000 won per square meter (in cash, 50% and 50% of large goods) from the construction of the instant construction project.

C. On or around December 26, 2008, the construction project of this case is referred to as "O" as "O" in the Mos Integrated Construction Project.

(i) was changed to another (the actual contractor was F).

Around March 2009, the Plaintiff was awarded a subcontract for the instant construction work by O, and the Plaintiff was awarded a subcontract for the instant construction work, and ② P was awarded a subcontract for the instant construction work and the unclaimed construction.

After the issue of P's license, etc., F is again " Q Co., Ltd.".

The construction of this case was to be carried out by lending his license, and R from Q, the part of the instant construction was subcontracted for KRW 22,500,000,000,000,000,000, in around February 25, 2009.

E. F. The Plaintiff on April 12, 2009 (F) failed to pay the Plaintiff the total construction cost of KRW 45,2650,000,000,000,000 to the Plaintiff. The F shall delegate all of the rights of OF corresponding to the payment of the construction cost to the Plaintiff.

“To have drawn up a power of attorney to this effect.”

F. Around May 2009, the owner of the instant construction project is “the deceased on April 19, 2010,” and “the deceased on April 19, 2010” (hereinafter referred to as “the deceased”).

In other words, the construction was changed from O to Q.

G. U.S. On January 1, 2009

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