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(영문) 대구지방법원안동지원 2017.06.15 2017가합3106
유치권 부존재 확인
Text

1. Of the Plaintiff’s lawsuit, the part of the claim for confirmation of the absence of lien against Defendant A Co., Ltd. is dismissed.

2. Defendant.

Reasons

1. Basic facts

A. 1) In order to promote the business of newly constructing and selling multi-household housing in the attached list, D entered into a sales contract with F on February 7, 2012, with a view to purchasing KRW 100,000 square meters for permanent residence from F on a permanent basis, KRW 111,00,000,000 for KRW 530,000,000,000,000 for the remainder of KRW 20,000 on the date of the contract, and agreed to pay KRW 51,00,000,000 after the completion of the building to be newly constructed on each of the above lands. In addition, on February 8, 2012, D agreed to cooperate with E in all necessary business affairs, such as preparing documents, until a new building on each of the above lands is constructed on each of the above lands, and 200,000,0000,000,000,000,000,00.

3) On November 9, 2012, the said I forest land was divided into 655 square meters of I forest land, J forest land, 1,283 square meters of J forest, and 553 square meters of K forest land (the instant housing was constructed on the said G G G land, 100 square meters of land and 655 square meters of land of I forest land, as indicated in the attached Table, as indicated in the attached Table.

4) Around November 2012, D and Defendant C planned to obtain a loan for the purpose of raising the construction cost of the two above units. Accordingly, F was loaned in 500 million won each from the Slim Credit Union and Taesan Credit Union on November 28, 2012 under the joint and several guarantee of Defendant A and B.

5) Around April 2013, the two new construction works were about 90% of the construction progress rate, and only a performance guarantee insurance policy was issued and submitted for viewing, Defendant C was entitled to approval for use. 6) Defendant C was on April 2013.

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