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(영문) 수원지방법원여주지원 2019.09.24 2019가단2003
유치권확인
Text

1. The Plaintiff confirms that he/she has a lien of 2,182 square meters of forest C in Gyeonggi-gu.

2...

Reasons

The facts are as follows: (a) around December 14, 2018, the Plaintiff created a housing site development project on the Gyeonggi-do Forest C Forest and 2,182 square meters (hereinafter “the instant forest”); (b) around December 14, 2018; and (c) the construction project in this case.

The fact that the Plaintiff was awarded a contract for KRW 24 million for the construction cost, the Plaintiff started around December 26, 2018 and completed the instant construction work. The Defendant is the owner of the instant forest, and the Plaintiff is recognized by the purport of the film and the entire pleadings as follows: (a) from December 26, 2018 to December 26, 2018, the fact that he occupied the said forest by posting a banner stating the phrase “D embling construction cost of KRW 24 million with failure to comply with the promise and exercising a lien of KRW 35 million at all sites and offices” on the ground of the instant forest from December 26, 2018, stating that “D embling construction cost of KRW 24 million with failure to comply with the promise, will exercise a lien of KRW 35 million on all sites and offices.”

Judgment

According to the above facts, the Plaintiff has a claim for the construction cost of KRW 240,030,00 for D with respect to the forest of this case. Since from December 26, 2018, the Plaintiff continues to possess the forest of this case, barring any special circumstance, the Plaintiff’s lien as to the forest of this case is recognized.

As to this, the defendant alleged that there was no relation between the plaintiff's claim for the construction cost and the forest of this case since the defendant did not contract the construction work of this case to the plaintiff, but even if the plaintiff's claim for the construction cost is not against the defendant, the owner of the forest of this case, the relation between the forest of this case and the relation is recognized

Therefore, the defendant's above assertion is without merit.

Therefore, the Plaintiff’s lien, which covers the claim for construction cost of KRW 24,30,00 as the secured claim regarding the instant forest, exists, and as long as the Defendant contests this, the benefits of confirmation are recognized.

In conclusion, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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