logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.11.29 2018가단6054
유치권부존재확인
Text

1. The plaintiff's lawsuit against the defendant B is dismissed.

2. The plaintiff's claim against the defendant C is dismissed.

3...

Reasons

1. Facts of recognition;

A. Defendant Company’s real estate possession 1) D Co., Ltd. (hereinafter “D”).

(E) On September 4, 201, the owner of E, F, G and the construction cost of KRW 750,680,000 (including value-added tax) shall be the H ground building in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant building”).

3) The construction of the instant building was completed by entering into a new construction contract and completed the construction of the said building (hereinafter “instant construction”).

(2) On December 31, 2012, D determined the balance of the claim for construction price as KRW 290,000,000,000. Meanwhile, Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) received a subcontract for the Chang Metal Construction among the instant construction works from D from D around 2012, and completed the said construction, and the additional construction equivalent to KRW 2,40,00,00 (excluding value-added tax) was completed.

D On October 13, 2014, it confirmed that the unpaid construction cost for the Defendant Company is KRW 49.1 million (excluding value-added tax).

3) D is the Defendant Company and I Co., Ltd. (hereinafter “I”) that is the subcontractor at the end of December 2012.

2) In order to enable J to exercise the right of retention, the real estate indicated in the “Real Estate Indication” attached to the instant building (K; hereinafter “instant real estate”).

b) The Plaintiff acquired the ownership of the instant real estate on March 30, 2018 and completed the registration of ownership transfer due to a voluntary auction on the same day. [Grounds for recognition] The Plaintiff did not dispute, Gap evidence 1, 2, and 4 (including serial number; hereinafter the same shall apply).

written evidence of Nos. 1 to 15, the purport of the whole pleadings, and the purport of the whole pleadings

2. Determination on Defendant Company

A. The plaintiff's lawsuit on the confirmation of this case by the defendant company's main defense is the plaintiff's right.

arrow