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(영문) 의정부지방법원 2016.04.06 2015가합50511
유치권부존재확인
Text

1. Of the Plaintiff’s primary claim against the Defendants, the Plaintiff demanded confirmation of the absence of a lien on the building listed in the attached Table 2.

Reasons

1. A claim against Defendant Global B&P Co., Ltd. (hereinafter “ Global B&P”) and Defendant Taesan Construction Co., Ltd. (hereinafter “T&D”)

(a) Recognizing facts 1) Il-dong Agricultural Cooperative (hereinafter referred to as “Japan-dong Agricultural Cooperative”);

(1) Each of the lands listed in the separate sheet No. 1 (hereinafter “each of the lands of this case”) shall be deemed each of the lands listed in the separate sheet No. 1 (hereinafter “each of the lands of this case”) with a loan of KRW 800,000,000 to B on January 31, 201, and KRW 530,000 on July 15, 20

2) On January 31, 201, 201, the registration of the establishment of a mortgage and the registration of the creation of superficies for the ownership of a neighboring building and other structures or trees, or for the ownership of trees, with respect to B shares and D land in Bocheon-si and Bocheon-si, Seoul Special Metropolitan City. (2) On July 15, 201, the registration of the establishment of a mortgage shall be completed with respect to B shares and D land at KRW 689,000,000, respectively. (2) On January 31, 2011, Japan Special Metropolitan City Co., Ltd. (hereinafter referred to as “Seoul Special Metropolitan City Co., Ltd.”), to provide first priority on the completion of construction of the building. In the case of a new building, regardless of whether the registration of the ownership preservation was completed before and after the completion of the construction, the ownership of the building shall be transferred to Han Dong-dong Special Metropolitan City, and accordingly, no objection shall be raised against the removal and disposal of the building, and no damage shall be granted to the land and the removal of Do.”

3) Around July 14, 2011, Defendant Taesan Construction Co., Ltd issued to the Plaintiff a letter of commitment to waiveing the exercise of the right of retention, which is the cost of each of the instant land creation works, as a preserved claim. 4) B entered into a construction contract with Defendant NFF on August 10, 2013; and Defendant Taesan Construction Co., Ltd started the instant construction work around that time.

5 Each of the instant cases.

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