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(영문) 대전지방법원서산지원 2013.07.25 2013가합2329
유치권존재확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On May 20, 201, the Plaintiff: (a) paid the construction cost of KRW 1,50,000,00 for the construction cost of KRW 1,083,316,346 upon contract from B; (b) completed the construction of the said building; and (c) leased and indirectly occupied it to D who operates C around the beginning of December 201, 201; (d) the Plaintiff asserts that there exists a lien on real estate listed in the separate sheet as a secured claim for the Plaintiff’s construction cost of KRW 1,191,647,980 (the sum of value added tax of KRW 1,083,316,346) and sought confirmation from the Defendant, the owner of the real estate listed in the separate sheet, who is the owner of the real estate listed in the separate sheet.

However, the right of retention is established when the goods of another person are possessed. In this case, it is not sufficient to acknowledge the Plaintiff’s assertion that the Plaintiff is an indirect possession of the real estate indicated in the separate sheet Nos. 2, 3, and 7 in this case, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit to examine the existence of the claim for construction price as to the buildings listed in the separate sheet.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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