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(영문) 대전지방법원 논산지원 2018.10.17 2017가합2601
유치권존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The 3rd Co., Ltd. (hereinafter referred to as “stock company”) is omitted;

The same shall also apply to the name of another company

) On April 25, 200, the land listed in Paragraph 1 of the Attached Table No. 1 (hereinafter “instant land”) owned by it is referred to as “each of the instant land” and the remaining land is referred to as “the same manner,” and each of the lands listed in the Attached Schedule No. 1 is referred to as “each of the instant land”.

(2) After obtaining the approval of the housing construction project plan and the building permit for the ground rental apartment construction project, the construction was suspended on the land of this case while performing some structural construction, ground-breaking construction, file construction, and temporary construction on the land of this case. After that, on May 13, 2002, the Geum River Development acquired the ownership of the land of this case No. 1 and No. 2, and on October 25, 2002, the project owner and the owner of the said new apartment construction were changed to the Geum River Development. 2) The Geum River Development contracted the construction and Cheong River Construction for the construction cost of Cheong River Comprehensive Construction (the mutual name was changed from the Cheong River Construction) in the amount of KRW 31,90,000,000 for the construction cost of the construction work.

B. However, the construction of the above rental apartment was not advanced even thereafter, and the development of the Seongdong Industrial Development on September 2, 2005, purchased each of the instant land and the instant land and the instant 650 square meters, a total of 4 lots, and completed the registration of ownership transfer in its name on the said four lots on the same day.

C. On September 2, 2005, the so-called "Cuk Industrial Development" means that one asset trust takes over and manages the above four parcels of land in trust from the development of the so-called "Cuk Industrial Development," the first beneficiary is the so-called "Cuk Industrial Development," the beneficiary is the so-called "Cuk Industrial Development," and the so-called "Cuk Industrial Development," and the so-called "Cuk Industrial Development," in a case where the so-called "Cuk Industrial Development," is in default of obligations under the credit transaction agreement with the So-mato Mutual Savings Bank.

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