(영문) 대전지방법원 2015.04.02 2014나105507

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(영문) 대전지방법원 2015.04.02 2014나105507

유치권부존재확인

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, since it is the same as stated in the reasoning of the judgment of the court of first instance except for the dismissal or addition of part of the judgment of the court of

【Supplementary or additional parts】 In Part 3, the following shall be added to the first page:

Even if there is a lien on the real estate subject to the compulsory auction of this case to the defendant, the following is added to the fourth fifth page of the "The defendant's lien was extinguished according to the plaintiff's subrogated claim for the termination of the lien", as C provided considerable security to the defendant.

“The Defendant, even if he occupied a part of the real estate through the above container before the order to commence the voluntary auction of this case, according to the following purport: (a) evidence No. 6-2, evidence No. 10-3, evidence No. 11-1, 5, 6, Gap No. 12, 21, 22, Gap No. 26-3, evidence No. 27-1, 5, 6, Eul No. 27-3, evidence No. 41, evidence No. 45-4, and evidence No. 45-4, the Defendant should be deemed to have lost the above container near the building No. 5 of this case among the real estate of this case from July 15, 2012 to the left side of the building No. 9 of the same list No. 1138, Jan. 11, 2013; and (b) the Defendant shall also be deemed to have occupied part of the real estate of this case before the order to commence the auction of this case.

The issue of substantial amount of security to be provided in accordance with Article 327 of the Civil Code shall be determined by considering the fact that the value of the security is considerable as the security of the claim, and that it does not decrease the ability of the security in the form of the custody.

참조조문

-민법 제327조

-민사소송법 제420조

유사 판례

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