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(영문) 수원지방법원 2016.08.12 2015가합64370
유치권부존재확인
Text

1. The Defendant’s KRW 20,505,205 as well as 5% per annum from June 9, 2015 to August 12, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. Article 102 of the Seoul Special Metropolitan City E-gu Office No. 102 of the first floor of the Ftel No. 102 (hereinafter “instant building”) owned by C on July 11, 2013, as creditors of C, the real estate procedure for compulsory auction and the right of retention for a building

A) As to the instant auction procedure, the Seoul East Eastern District Court G applied for a compulsory auction of real estate and the subsequent auction decision was rendered (hereinafter “instant auction procedure”).

(2) In the instant auction procedure, the Plaintiff obtained the ownership of the instant building by fully paying the sales price of KRW 1,112,200,000 to the said auction court on November 10, 2014.

3) On July 23, 2014, after the completion of the registration of the entry in the above decision on commencing auction, the Defendant filed a lien report with the above auction court, alleging that the Defendant supplied materials necessary for remodeling construction of interior interior interior interior interior interior interior interior interior of the building of this case, and did not receive KRW 180,000 out of the price of the goods, and H also did not receive KRW 194,00,000 out of the price of the construction. (B) The Defendant filed a lien report with the above auction court, asserting that he did not receive KRW 194,00,000 out of the construction cost, while performing the interior interior interior interior interior interior interior interior interior interior interior artificial remodeling construction of the building of this case. (i) The Defendant submitted a photograph to prove the possession of the building of the building of this case, stating “in the course of exercising a lien” on the exterior of the building of this case.

2) Meanwhile, on September 19, 2014, H submitted a report on waiver of the right of retention, which is alleged in relation to the building of this case, to the above auction court. 3) On December 19, 2014, the Plaintiff pointed out against the Defendant that, at present, the Defendant illegally occupied the building of this case, and sent a content-certified mail indicating that he/she would claim all damages incurred during the said possession period, and the said mail sent it to the Defendant on December 23, 2014.

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