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(영문) 인천지방법원 부천지원 2017.04.26 2016가합103070 (1)
점유회수
Text

1. The plaintiffs' claims against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 18, 2013, the Plaintiff Agricultural Corporation AB (hereinafter “Plaintiff”) concluded a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant B”), and approximately KRW 6,500 square meters of land in Kimpo-si, Kimpo-si, the Plaintiff Co., Ltd. (hereinafter “Defendant B”), and approximately KRW 6,500 square meters of land in the Plaintiff Co., Ltd. (hereinafter “instant land”) and on its ground, to sell a factory of approximately 420 square meters to be newly built by the Plaintiff Co., Ltd. to Defendant B for total purchase price of KRW 3,30,000,000,000.

B. The Plaintiff Company awarded a subcontract to the Plaintiff Company for the construction of the foregoing plant (hereinafter “instant construction”).

After the completion of the instant construction, approval for use of each of the buildings listed in [Attachment 2 through 4] in [Attachment 2] was granted on May 13, 2014.

Defendant B completed registration of initial ownership of the instant building on July 10, 2014.

C. Meanwhile, upon the application of the Industrial Bank of Korea, which is the creditor of the collateral security right against Defendant B, the decision of voluntary auction was rendered on November 21, 2014 with respect to the instant land and building by the Incheon District Court Branch D (hereinafter “instant auction procedure”), and thereafter, the Defendant EFa 1412 Specialized Asset-backed Company (hereinafter “Defendant Company”) acquired from the Industrial Bank of Korea the collateral security right claim on the instant land and building from the Industrial Bank of Korea, and received from the Industrial Bank of Korea the mortgage claim on the instant land and building.

1. 19. From the auction procedure of this case, the report on the change of the creditor to the defendant company is completed.

On January 29, 2015, in the instant auction procedure, the Plaintiff Company reported the right of retention with each of the claims for construction cost of KRW 1,130,637,90 relating to the instant construction works, and the claims for construction cost of KRW 632,590,000 as the respective claims secured.

E. On June 16, 2015, Defendant Company filed a lawsuit against the Plaintiffs for the confirmation of existence of the right of retention against the Incheon District Court Branch Decision 2015Gahap102315, and the said court on June 3, 2016.

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