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(영문) 대전지방법원서산지원 2014.02.06 2013가합2282
유치권부존재확인
Text

1. It is confirmed that there is no lien for the Defendants on the buildings listed in the attached list.

2...

Reasons

1. Presumed factual basis

A. As to the buildings listed in the Attachment List (hereinafter “instant building”), registration of ownership preservation was completed in the name of C and D on June 10, 209, and on March 29, 2012 upon the application of the Plaintiff (the mortgagee), E voluntarily auction procedure (hereinafter “instant voluntary auction procedure”) began on March 29, 2012, and the registration of the entry in the decision on commencement of auction was completed on the same day.

Plaintiff

On April 25, 2013, when the lawsuit of this case was pending, the successor participated in the succession after being transferred the secured debt of the right to collateral security from the plaintiff (ex officio).

[2] The Plaintiff (Withdrawal) and the Intervenor succeeding to the Plaintiff are all referred to as “Plaintiff.”

around May 2010, Defendant A received from Defendant A 410,000,000 for the cost of construction, such as the windows, etc. of the instant building, from Defendant B, and from Defendant B, from the husband F of the instant building on May 1, 2010, KRW 110,000,00 for the cost of construction, such as the interior, etc. of the instant building, from Defendant C, and KRW 10,00,000 for the cost of construction, such as the interior, etc. of the instant building, from Defendant C, and C, C C C’s husband G for the production and installation of the outdoor advertisements of the instant building at KRW 14,00,000 for each contract on January 1, 2012.

around December 2010, Defendant A and B suspended each of the above construction works as they left with only some of the construction works, including the completion of each of the above construction works, paid KRW 10,000,000 out of the construction cost to Defendant A and did not pay all the remainder of the construction cost.

On the other hand, the defendant Hobsan and Sambab Dabrid completed the production and installation of the above outdoor advertisements.

C. In the instant voluntary auction procedure, around June 2012, Defendant A reported the lien of KRW 410,00,000 for the construction cost, including the title of the instant building, and KRW 110,000,000 for the construction cost, including the interior of the relevant interior, on June 27, 2012, Defendant B reported the lien of KRW 14,00,000 for the production and installation of the relevant outdoor advertisements, around October 2012.

[Reasons for Recognition] There is no dispute;

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