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(영문) 서울고등법원 2015.09.10 2014나2049294
유치권존재 확인의 소
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiffs' lawsuits of this case are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. On July 30, 2012, Plaintiff ABE Co., Ltd. (hereinafter “ASN”) contracted for construction works among the new construction works of building on the second floor above the ground of C, D, E, E, F, G, H, I, and J ground, and 18th floor (hereinafter “instant building”), and completed the said construction works. However, it did not receive KRW 115,30,000, out of the construction cost from the deferred development.

Plaintiff

B On November 21, 2012, among the new construction works of the instant building from the deferred development, completed the said construction works under a contract for landscaping, but was not paid KRW 48,00,000 out of the construction cost due to deferred development.

Plaintiff

C. On November 30, 2012, Jinna Co., Ltd. (hereinafter “S.”), concluded a contract for electrical construction among the new construction works of the instant building from Einna Development, and completed the said construction, but did not receive KRW 88,00,000, out of the construction cost from Einna Development.

Plaintiff

A entered into a construction contract with the deferred development on November 30, 2012 with the construction cost of KRW 60,000,000 for part of the instant construction works, and completed the construction work. However, the construction work was not paid KRW 60,00,000 from the deferred development.

With respect to deferred development, the respective claims for construction cost of KRW 115,300,00 for the instant building, Plaintiff B, as the secured claim for each of the construction cost of KRW 8,000,000 for the said building, Plaintiff C, as the secured claim for each of the construction cost of KRW 60,000,000 for the said building, and Plaintiff A, as the secured claim for each of the construction costs of KRW 115,30,000 for the instant building after the said construction.

Therefore, the plaintiffs are against the defendant Forest Savings Bank, the creditor who filed an application for compulsory auction on the building of this case, and the defendant New Real Estate Trust Co., Ltd., which has completed the registration of transfer of ownership as a trust of the partitioned building of this case (hereinafter referred to as "New Estate Trust").

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