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(영문) 대전지방법원 천안지원 2018.02.02 2017가합101143
유치권 부존재 확인
Text

1. The right of retention on the building indicated in the attached Form “the indication of real estate” by Defendant E shall be the claim for the construction cost of KRW 196,50,000.

Reasons

1. Basic facts

A. On July 29, 2013, the Plaintiff is a company that acquired the ownership of the said building after winning a successful bid in the instant G real estate auction procedure (hereinafter “instant auction procedure”) with respect to the building indicated “the indication of the pertinent real estate” (hereinafter “instant building”), and the Defendants are the persons asserting a lien on the instant building.

B. On June 21, 1995, the Erails Construction Industry Co., Ltd. (former Trade Name Co., Ltd.) (former Name Co., Ltd.) discontinued construction works after obtaining a building permit for the instant building on and around May 2001. After that, upon the request of construction business operators who did not receive construction cost, they changed the name of the owner on September 16, 2002 in the name of the building owner.

C. The Defendants’ construction cost claim 1) H is a corporation I (hereinafter “I”) around 2002.

(1) From May 28, 2002 to May 31, 2003, the construction period of steel production installation works for the first to the eighth floor of the instant building was set at KRW 1,430,00,000. I transferred KRW 150,000,000 out of the construction cost claim for H on August 18, 2006 to Defendant F. On July 17, 2008, the remaining construction cost claim for KRW 75,000,000 (=905,000,000,000 - 150,000,000 - - 150,000,000 - - 30,000,000,000 for the instant comprehensive construction claim for the instant building to the representative director, and thereafter, J transferred part of the construction cost claim for the instant construction to Defendant D Co., Ltd., Ltd. on May 18, 2014.

Along with H on December 15, 2003, Jyang General Construction is interesting between H and subcontractors.

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