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(영문) 서울중앙지방법원 2015.04.30 2014나37544
유치권부존재확인
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons why the court of this case cited in the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, thereby citing it as it is by the main sentence of Article 420 of the Civil Procedure

2. The Defendants asserted that, even if the agreement between the Defendants and C was not acknowledged, at least a loan agreement was entered into between the Defendants and C on the instant building, and thereafter, the Defendants had the right to claim reimbursement of beneficial costs based on the loan for use, or at least a right to claim reimbursement of beneficial costs pursuant to Article 203 of the Civil Act as the possessor, by performing the interior remodeling work of the instant building, and thus, the Defendants had the right to attract the instant real estate with the secured claim.

Pursuant to Article 611(2), Article 594(2), and Article 203(2) of the Civil Act, the right to claim reimbursement of useful non-performance is recognized only if the possession is returned and there is an increase in its value. Accordingly, the defendant disbursed money with respect to the building of this case while performing artificial remodeling work.

However, there is no evidence to acknowledge that this would increase the objective value of the building of this case and present its value.

Therefore, there is no lien on the instant building by the Defendants, which is the secured claim.

3. If so, the judgment of the court of first instance is legitimate, and all appeals by the defendants are dismissed as it is without merit. It is so decided as per Disposition.

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