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(영문) 창원지방법원 2015.12.03 2015가합31025
유치권 존재 확인의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The status of the party is a company aimed at trucking transport business and commercial waste collection and transport business. The Defendants are co-owners of real estate Nos. 1 and 4 listed in the separate sheet, and Defendant A is the owner of real estate Nos. 2 and 3 listed in the separate sheet.

(hereinafter referred to as “instant real estate”) real estate listed in the attached list. (b)

1) On July 5, 2014, the Plaintiff entered into a contract for the removal of earth and stones and suspended such contract, etc. (hereinafter referred to as “instant site”) with Tae Tae Construction Co., Ltd.

(D) The construction of the D General Industrial Complex Development Project (hereinafter “instant construction”).

(2) A contract for the removal of earth and rocks from the Plaintiff (hereinafter referred to as the “instant contract for the removal of earth and rocks”).

The main contents of the contract are as follows. The name of construction project under Article 2 (1) of the contract for the removal of earth and stones: the site address of D General Industrial Complex Development Project 2: the contract volume: Kimhae-si E. 3: the contract volume: conditional (5) contract unit price: 5: the contract period: the contract period: 5) contract period from January 2014 to the completion of removal of earth and stones: the daily construction corporation (5) contract amount: the corporation: the corporation under Article 3 (Contract Terms) contract: (1) contract amount: the corporation for the removal of earth and stones shall, without delay, be transported and taken out by the plaintiff. The plaintiff's construction cost shall be substituted with the profit from the blasting of rock and the sale of raw stone: Provided, That in principle, the contract for the removal of the total amount of earth and stone without condition at the site shall be concluded between the plaintiff and Taehae-si Construction Co., Ltd. 2.

3) The blasting Corporation shall have the right to construct and contract for construction. 4) The period for handling earth and stones shall be from July 2014 to the completion of removal of earth and stones from the site of this case by the Plaintiff from July 2014.

5 Contract shall be based on the above terms and conditions, and the above terms and conditions shall be the same.

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