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(영문) 대전지방법원 서산지원 2017.01.26 2015가합50735
유치권부존재확인
Text

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

2.The Court shall suspend the compulsory execution of 2015 Chicago103.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) purchased, on June 15, 201, 390 square meters of E forest land E 8,797 square meters from D from Jin-si in order to promote the new construction and sale of a commercial building, KRW 797 square meters from D, KRW 794,6 million, and KRW 390 square meters before G from F, KRW 354,000,000,000,000,000 won, and completed the registration of ownership on each of the above lands on June 23, 2011.

B. On June 24, 2011, C entrusted each of the above real estate to the Rose of Sharon, Co., Ltd. (hereinafter “Seoul”), and completed the registration of ownership transfer based on the trust on the same day.

C. On September 5, 2011 and September 7, 2011, each real estate listed in attached Tables 1 through 4 and H forest was divided into 123 square meters in Si/Gun/Gu in Si/Gu. The entire 390 square meters in G was divided into each real estate listed in attached Tables 5 through 7, 2011.

(hereinafter referred to as “instant real estate”), each of the real estate listed in the attached Table d.

Around May 2012, C, D, and F agreed that the sales contract of the instant real estate becomes retroactively null and void unless C and F pay a total of KRW 9.9 billion to D and F by May 31, 2012.

E. On June 7, 2012, C contracted to the I Co., Ltd. (hereinafter “I”) civil engineering works among the instant real estate-based commercial building construction works (hereinafter “instant construction works”) to KRW 1.73,0960,000 (including value-added tax and payment for completed portion once a month).

F. From November 2012, C failed to pay KRW 9.9 billion to D and F, and D and F filed a lawsuit against C and Luxembourg Trust on December 12, 2012 on the ground that the sales contract for the instant real estate was rescinded, on the ground that C and Luxembourg Trust filed a lawsuit seeking the implementation of the procedure for the cancellation of ownership transfer registration for the instant real estate.

(Seoul Central District Court 2012Gahap103986). G. I did not receive the progress payment of the instant construction from C, and on January 7, 2013, paid 61 billion won for the progress payment against C.

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