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(영문) 전주지방법원군산지원 2015.12.10 2015가합10662
유치권부존재확인
Text

1. The defendant's right of retention on the attached real estate in the case of the auction of the real estate B in the Jeonju District Court.

Reasons

1. Facts of recognition;

A. The Plaintiff acquired the right to collateral security on attached real estate from the Industrial Bank of Korea.

B. In the auction as stated in the order on October 14, 2014, the Defendant asserted that an auction debtor corporation has a claim for construction cost, etc., and reported a lien.

[Reasons for Recognition] Nos. 1 and 5 do not conflict, or entry

2. In a lawsuit seeking the passive confirmation of the burden of proof of existence of a lien, where the plaintiff first asserted the fact that the cause of the right occurred, the defendant, the right holder, is liable to assert and prove the fact that the right holder is the requirement of legal relationship. Thus, in this case, the defendant, who claimed the lien holder, must prove and prove the existence of the secured claim and the elements for establishing the right of retention, such

3. Judgment on the defendant's assertion

A. On January 20, 2013, the Defendant asserted that the attached real estate was leased to KRW 200 million, and the Defendant agreed to implement the restoration work of electric facilities in the sequence 2 through 6 factories among the attached real estate and the restoration work of the floor of two factories and the repair work of machinery and equipment in the sequence 2 through 6 factories.

Accordingly, around February 2013, the Defendant requested C to perform civil engineering works and installation works, etc. of 224,00,000,000 won as the construction cost by requesting C from the No. 2 factories among the attached real estate. On February 20, 2013, the Defendant spent KRW 165,00,000 as the construction cost by requesting D to perform high-tension installation works and electric power line installation works. On June 20, 2013, the Defendant additionally spent KRW 413,20,000 (24,000,000,000,000,000, 24,200,200,200,000 as the electrical construction works of the factory building) as necessary and beneficial expenses. As such, the Defendant has the right to claim reimbursement of necessary and beneficial expenses as the attached collateral and to attract real estate.

B. In full view of the purport of the entire pleadings in the statement No. 2-6 of the evidence No. 2, the Defendant on January 1, 2013.

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