logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2020.06.18 2019나14590
유치권 부존재 확인
Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

The defendants' lien on the list 1 real estate is the same.

Reasons

1. Basic facts

A. 1) Construction contract and subcontract agreement; H Co., Ltd. (hereinafter “H”)

on February 10, 2014, Inc. I (hereinafter referred to as “I”)

) In the Chungcheong City and Chungcheongnamcheon-si, S (attached Form 1 real estate, hereinafter referred to as “instant land”).

3) On the ground, the building of the factory (attached Form 2, 3, 4, hereinafter “instant building”) shall be referred to as “instant building,” and the total of the above land and buildings shall be referred to as “instant real estate.”

(B) A newly-built construction contract was entered into (i) the construction cost of KRW 2.477 billion; and (ii) the construction period from February 10, 2014 to August 28, 2014; hereinafter “new construction project”).

2) 1) The Defendants concluded a subcontract with the Defendants regarding the construction of the instant new construction and the construction of the factory site, and the Defendants performed each of the relevant construction works.

(B) On November 3, 2014, the Plaintiff entered into a loan agreement with H on a loan agreement with the maximum debt amount of KRW 780,000,000 with respect to the instant real estate, and set up a voluntary auction on June 13, 2016, the Plaintiff filed an application for a decision to commence the auction of the instant real estate with Cheongju District Court Jeju District Court Jeju District Court, and the said court rendered a decision to commence the auction on June 14, 2016 (hereinafter referred to as “instant auction”).

(C) On March 10, 2017, the Defendants reported that the instant real estate had a right of retention and a right of retention arising from civil and construction works as listed below with respect to I as to the instant real estate at the instant auction procedure.

Defendant 1 B 70,00,000 07770,000 236,500,000 236,500,000 102,300,300 134,200,468,600,600 3D 468,6000,000 3338,600,600,000 4 E 80,300,3000 4 E 80,300,000,000 50,300,300,50,000 50,50,0005 F 198,50,504,504,000,5050,500 G (J) 65,505,005,005,505,005

arrow