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(영문) 부산고등법원 2020.10.22 2019나57001
유치권 부존재 확인
Text

The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance is to be stated in this part of the underlying facts, with the exception that the reasoning is written or added as follows:

(The main text of Article 420 of the Civil Procedure Act). The two pages of the judgment of the court of first instance (hereinafter referred to as “instant land”) are added to “(the same as the real estate listed in paragraph (1) of the attached Table; hereinafter referred to as “instant land”)”.

The second opening of the judgment of the court of first instance and the third opening "(hereinafter referred to as "each building of this case")" shall be construed as "(the buildings completed after the drilling shall be the same as each real estate listed in the attached Tables 2 and 3, and the building of this case shall be referred to as "each building of this case" in total before and after completion, and the land of this case shall be combined with the land of this case and shall be referred to as "each real estate of this case")."

“The following (value-added tax is added)” in KRW 620,174,982 of the third column of the judgment of the first instance.

The third parallel of the judgment of the first instance to the third parallelhh parallel shall be added as follows:

“2) After the Defendant and E agreed to cancel the instant subcontract on August 16, 2016, the Defendant and E agreed to pay KRW 231,148,100,00 (excluding value-added tax) calculated by subtracting the construction cost already paid from KRW 31,50,00,00,00 for the portion (such as tin construction, stonc construction, stonc construction, and other works) executed by the Defendant among the construction works relating to each of the instant buildings of this case.

"A 4.4. 4. 4. 3. 2017. 4. 2017. 4. 3. 2017. 4. 3. 4. 2017. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . .. . 4. . .. . .. .. .. .. .. .. ... .. ... ... ... ... .... .... ..... ..... ..... .... 1) in the first instance judgment ... .... . ...

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