logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.07.19 2018가단2716
유치권존재 확인
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. On May 20, 2016, the decision to commence the sale of real estate (Seoul District Court Branch C) was rendered on each real estate listed in the separate sheet (hereinafter referred to as “instant factory site” and the real estate listed in paragraph (1) in the separate sheet (hereinafter referred to as “the instant factory site”) owned by two descendants and Hyhytech (hereinafter referred to as “Bahytech”) upon the application of the new bank that was based on the facts of the foundation, and the Defendant acquired ownership of the instant factory and the site by completely paying the sale price on February 20, 2018.

If the Defendant occupies the factory and site of this case, he/she applied for an order of delivery of each real estate regarding the factory and site of this case against the Plaintiff and the Plaintiff’s Intervenor (hereinafter “Plaintiff’s Intervenor”) claiming the lien holder, and received each decision of acceptance (D, E) on April 13, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 8, Eul evidence 1 (including paper numbers), Eul evidence 2, Eul evidence 8, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s side leased each of the real estate listed in the separate sheet from the two fingertech on April 6, 2016 and moved into the said real estate on April 7, 2016 to jointly develop a bath refining system. (2) On April 2016, the Plaintiff’s side agreed to purchase the two fingertech at the end of the lease after the extension of the factory by bearing the construction cost from the two fingertech and the Plaintiff’s side, and then the Plaintiff’s side agreed to purchase it at the end of the lease. The Plaintiff’s 163,00,000 won from the site of the instant factory with the cost of KRW 163,00,000 on the ground of 560m2 of the site of the instant factory, and constructed a temporary building of the one-story roof (the foregoing temporary building is attached Form 1; 4302m2 of the 1st floor of the instant factory as the extension of the framed location plate.

arrow