logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.06.19 2013가합4940
유치권 존재확인
Text

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

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

Reasons

1. Basic facts

A. On March 17, 2008, D purchased each real estate listed in paragraph 1 of the attached Table (hereinafter “the instant forest”) from E, F, G, H, I, J, K, L, and M (hereinafter “E”) in KRW 1,087,380,000.

B. However, D failed to pay the remainder to E, etc., and E, etc. sold the instant forest to Nonparty N again.

N on January 31, 2011, the N completed the registration of ownership transfer with respect to the forest of this case, and the Ulsan Livestock Industry Cooperatives completed the registration of ownership transfer with respect to the forest of this case on the same day as the maximum debt amount of 1,170,000,000 won and the establishment of a neighboring mortgage with N of the debtor.

C. The Ulsan Livestock Industry Cooperatives applied for a voluntary auction on the instant forest land to the Ulsan District Court, and on August 1, 2012, the voluntary auction procedure was initiated.

O Co., Ltd. (hereinafter referred to as "O") completed the registration of ownership transfer after being awarded a successful bid in the above voluntary auction procedure on June 14, 2013, and completed the registration of ownership transfer to Defendant C on the same day.

[Reasons for Recognition] Facts without dispute, Gap evidence 4, Gap evidence 8-1 to 3, the purport of the whole pleadings

2. The Plaintiff’s primary claim 1) Nonparty D invested KRW 665,05,00 in the instant forest, and carried out the construction of factory site, and accordingly, acquired the right of retention for the instant forest. After which D transferred all the business rights related to the establishment of the factory in the instant forest to the Plaintiff, it also transferred the right of retention for the instant forest to the Plaintiff, and the Plaintiff continues to occupy the instant forest upon delivery from D. Meanwhile, Defendant B purchased the instant forest in the instant forest under the name of O in the voluntary auction procedure for the instant forest, and completed the registration of ownership transfer to Defendant C, but the Defendants denied the existence of the Plaintiff’s right of retention. Accordingly, the Plaintiff sought confirmation against the Defendants on the existence of the right of retention for the instant forest.

arrow