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(영문) 대전지방법원천안지원 2017.10.17 2017가단4160
유치권 부존재 확인
Text

1. A claim for construction cost of KRW 42,00,000 shall be a secured claim on each real property listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff is a mortgagee of each real estate listed in the separate sheet (hereinafter “instant real estate”) and applied for a voluntary auction of each of the instant real estate based on the instant collateral security. On February 14, 2017, upon receiving a decision to commence the auction of the instant real estate from the instant court, the auction procedure (hereinafter “instant auction procedure”) was commenced on February 14, 2017 from the instant court.

B. On April 2, 2017, the Defendant filed a lien on the instant auction procedure, asserting that the Defendant entered into a shipbuilding contract for part of the instant real estate and carried out construction works, and that the Defendant has a claim for construction cost of KRW 42,00,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including additional number; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. The defendant does not occupy each of the instant real estate and cannot be viewed as holding a claim for construction cost related to each of the instant real estate.

Therefore, there is no defendant's lien on each real estate of this case.

B. On May 27, 2013, the Defendant concluded a construction contract with regard to the construction work by setting the construction cost of KRW 42,00,00 with respect to the construction work, which is part of the construction work of “Nable block construction” and “Nable block construction” under construction in L and M, and completed the said “Kable block construction work” from June 10, 2013 to July 9, 2013, and completed the said “Nable block construction work” from June 14, 2014 to June 30, 2014, but did not receive the construction cost.

Accordingly, from August 15, 2016 to the date of the closing of argument in the instant case, the Defendant is unable to enter any place without the Defendant’s permission by changing the password of the correction device of the front door from around 5, 2016 (hereinafter “instant 504”).

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