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(영문) 인천지방법원 2016.09.30 2015가합5251
유치권부존재확인
Text

1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

Reasons

1. Basic facts

A. On November 5, 2007, Nonparty A had two descendants Construction Co., Ltd. construct a 4-story underground and 12-story neighborhood living facilities (each real estate indicated in the attached list; hereinafter “the building of this case”) on the 20.43 billion won and construction period from January 22, 2008, on the 20.4 billion won underground and the 12-story neighborhood living facilities (hereinafter “instant building”) on the 2412.3 square meters of land in Nam-gu, Incheon.

9. By the end of 21. Each contract for construction works was concluded.

However, with the completion of only 10.71% of the entire construction works, the non-party comprehensive construction corporation went out from the above contractual relationship, resulting in the non-party comprehensive construction corporation leading to the remainder.

B. However, on March 12, 2014, the Defendant succeeded to the status of the contractor, and on March 12, 2014, the Defendant entered into a subcontract for construction of reinforced concrete among the instant new construction works with Jinyoung Construction Co., Ltd.

In accordance with the subcontract agreement of the above construction, Jak Construction Co., Ltd. completed the construction of concrete construction of approximately KRW 2.75 billion for completed portion.

C. After that, on June 13, 2014, the plaintiff and the defendant agreed to succeed to the status of the contractor as to the construction of the building of this case, and the defendant's 2.4 billion won out of the progress payment of 3.2 billion won, and the remaining 800 million won, shall be paid to the plaintiff, and the defendant agreed to deliver the building of this case under construction to the plaintiff by July 1, 2014.

On July 1, 2014, the Plaintiff succeeded to the status of contractor A entered into a new contract for construction works of the instant building by setting the construction cost of 19.8 billion won (hereinafter “construction cost”) and the construction period from May 26, 2014 to June 30, 2015.

At this time, the status of the Jinyoung Construction Corporation is as follows.

The Plaintiff agreed to include the progress payment of KRW 2.75 billion in the above construction cost of KRW 19.8 billion, and that the Plaintiff received the payment on behalf of the Plaintiff.

E. Meanwhile, on the other hand.

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