(영문) 창원지방법원진주지원 2014.09.17 2013가합4084

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(영문) 창원지방법원진주지원 2014.09.17 2013가합4084

유치권부존재 확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 9, 2010, the Plaintiff and C concluded a contract with the Defendant to enter into the following terms and conditions with respect to the construction of the instant building (hereinafter “instant construction”) on the ground G buildings on land (hereinafter “instant land”) on the ground (hereinafter “instant construction”) by setting the contract amount of KRW 2,321,40,000 (excluding value-added tax) and the construction period from April 2010 to December 30, 2010.

2. The amount of substitute for construction works, the amount of three floors above ground shall be the amount of substitute for all floors, and the amount of substitute for construction works shall be based on the amount appraised by the corporation, the institution of appraisal and assessment at the time of completion;

According to the appraisal price, 30% of the total construction amount can be increased or decreased.

The owner of a building shall not sell or lease the amusement facilities for other floors by allowing them to do so.

3. Payment method of contract deposit - 20% of the total construction amount (time at which the first floor is completed) - intermediate payment (the first floor): 20% of the total construction amount (the time of completion of structural works) - intermediate payment (the time of completion of structural works): 10% of the total construction amount (the time of completion of external works) - Balance: 20% of the total construction amount (the time of completion of works within 15 days after the completion of works) 30

5. Matters of special agreement - With respect to the construction cost at the starting point, the owner shall set up approximately KRW 1,500,000,000 to the contractor for the construction project, after the first banking note ( approximately KRW 1.155,000,000,000, excluding the substitute amount, after the first banking note, to the contractor for the construction project.

The cost of establishment shall be borne by the cost-sharing rate of 50%:50% for the project owner.

B. As the Defendant was unable to receive the construction cost from the Plaintiff and C during the instant construction process, the said construction was suspended on or around November 2010. Accordingly, on December 1, 2010, the Plaintiff and C drafted a written agreement on the completion of construction works with the Defendant as follows. A.

Plaintiff

And C shall establish a collateral security on the amount of money raised to cover the construction cost, and shall bear all the expenses (expenses for establishing collateral security and provisional registration) as well as all the interest.

C. The lease and lease with respect to the construction of this project.

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