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(영문) 의정부지방법원 2016.11.25 2015가합52937
유치권부존재확인청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 20, 2002, D purchased 3,667 square meters (487 square meters among them are divided into G) prior to H 7,255 square meters (110 square meters among them are divided into J.), prior to K 5,803 square meters (3,321 square meters among them are divided into L.), prior to K, 5,803 square meters (3,321 square meters among them are divided into L.) from Dong E for the construction of a new logistics warehouse on each of the above lands, and around February 20, 2003, D entered into a contract with Defendant and M.M into a new construction work for the construction of the above new logistics warehouse as 0,000 won, and thereafter D purchased the above land under the name of the contractor and M.M., and completed the registration of ownership transfer between M. 30 and M. 4 in the name of M.M. on June 23, 2003.

3) Meanwhile, on October 15, 2005, C agreed to exchange the above land owned by P including C with B, Q2 through 214 of the second floor moving from the land surface to the land surface, and the network E on October 25, 2005, upon entering into a sales contract with the network E to purchase the above land, and upon accepting the above debt acquisition by the Defendant and M. The Defendant and M accepted the above debt acquisition. 4) On December 15, 2005, C did not pay the above debt for the construction cost even if the ownership transfer registration was completed in its name with respect to each land listed in the separate sheet in the separate sheet (hereinafter “the instant land”). Accordingly, Defendant and M did not pay the above debt for the construction cost even if the ownership transfer registration was completed, and Defendant and M acquired the above debt from C on September 12, 2006 to 300,507,000,000 won for delay payment as above.

“.......”

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