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(영문) 인천지방법원 2015.10.02 2014가합53321
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 January 29, 2007, the Plaintiff (i.e., the Plaintiff) provided money to B, and (ii) on January 30, 2007 and (iii) on January 30, 2007 and on January 31, 2007, C completed the registration of the establishment of each of the real estates listed in the separate sheet owned by C (hereinafter “each of the instant real estates”) with respect to each of the instant real estates listed in the separate sheet owned by C (hereinafter “instant real estates”).

B. On August 13, 2010, the Plaintiff received a decision to commence the first auction on each of the instant real estate (hereinafter “decision to commence the first auction”) with the Incheon District Court D as to each of the instant real estate, using the instant loan claim as the preserved claim, and filed an application for the withdrawal of the said decision to commence the auction on February 14, 2012. (c) However, on March 15, 2013, the Plaintiff again received a decision to commence the second auction (hereinafter “decision to commence the second auction”) from the Incheon District Court as to each of the instant real estate again on March 15, 2013, and on the 18th of the same month, the entry registration was completed.

On the other hand, the Defendant, as a construction business operator on April 2, 2014, entered into a contract for the instant real estate hot spring development project (hereinafter “instant project”) from C on October 7, 2005 to October 7, 2005, with the total cost of KRW 635,450,00, and construction period of KRW 590,450,000, and the unpaid construction cost of KRW 1,615,730,027, on the other hand, filed a lien report with the Defendant on the right of retention, claiming that the unpaid construction cost amount of KRW 590,450,00, and the unpaid construction cost of KRW 1,615,730,027, in total, exceeds the unpaid construction cost of KRW 1

E. On December 11, 2014, the Plaintiff entered into a contract with the Intervenor succeeding to the Plaintiff to transfer all of the instant loan claims. Around that time, the Plaintiff notified the Plaintiff of the transfer. On March 18, 2015, the Plaintiff’s respective right to collateral security regarding each of the instant real estate was transferred to the Intervenor succeeding to the Plaintiff in full in accordance with the said transfer contract.

[Reasons for Recognition]

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