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(영문) 서울중앙지방법원 2016.10.05 2015가합534420
유치권확인
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

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

Reasons

1. The Defendants asserted to the effect that the right of retention confirmation in the instant lawsuit is unlawful as there is no benefit of confirmation, since Defendant C had received a provisional disposition against the Plaintiff, which was rendered by Suwon District Court Decision 2014Kahap1013 against the Plaintiff, and had already been excluded from the Plaintiff’s possession.

In light of the above, the decision of provisional disposition is merely a preservative measure that sets a temporary position before the judgment on the merits was rendered, and is not a final and conclusive one, and thus, the existence of such a decision constitutes a situation that is rather unstable and dangerous in the current legal relationship.

Therefore, the defendants' main defense is without merit.

2. Judgment on the merits

A. On February 19, 2002, Defendant B changed the administrative district to Dong-dong, Young-gu, Young-si on October 31, 2005.

only hereinafter referred to as “E”

() A building permit for a multi-family house F on the ground was granted to G, and G was granted a building permit for H and I ground-based multi-family house at that time. (2) The Plaintiff and Defendant B awarded a contract to M for a new construction of a new multi-family house for J or K ground L, on June 3, 2002. However, M was suspended when only eight consents, including the instant building, were built for a structural frame of 2-3 floors.

3) On October 21, 2002, the Plaintiff (hereinafter “Thohoho Development”) newly constructed L, Inc. (hereinafter “Thoho Development”) on October 21, 2002.

(4) On December 9, 2003, the Plaintiff and Defendant B drafted a “Agreement on Land and Building Contracts” with the following content: (a) it was awarded a contract to the Plaintiff; and (b) Taeho Development suspended construction upon completion of the structural frame of the above eight consent.

1. Basic Principles, A (Plaintiff) and B (Defendant B) provide land (hereinafter “instant land”) from JJ and 13 parcels of land (hereinafter “instant land”) in Yong-si, Young-gu, Yong-si, and Byung (N) transfer buildings equivalent to the price of the said land to A and B after the completion of the construction of the building on the said land.

2. Calculation of transfer value:

(a) the price of land shall be 3.8 billion won;

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