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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the incorporated association B’s conclusion and termination of the loan agreement 1) The Plaintiff’s each real estate indicated in the attached Form (hereinafter “instant real estate”).
The owner of the instant real estate, and the head of the District Education Office of Hongcheon Office of Education of Gangwon-do delegated the instant real estate-related affairs by the Plaintiff was changed on November 26, 2007 from the name of the incorporated association B [the representative C, and after the change into an incorporated association D] on August 2012, the name of the incorporated association E (representative F) is changed again into “G” and “G” (hereinafter referred to as “representative”).
[2] However, G did not pay rent from November 26, 201 to March 2, 201, and the head of the District Education Office of Hongcheon Office of Gangwon-do notified G of the termination of the said loan agreement on April 201.
B. G and H’s conclusion of the contract for construction works and the unpaid payment of the construction cost 1) G are changed to “H” around September 14, 2009, prior to the termination of the said loan agreement, around September 14, 2009, by around December 201, to “H” (hereinafter “H”).
(2) However, G did not pay the construction cost of KRW 70 million out of the construction cost (hereinafter “the construction cost of this case”) even after H completed the said construction work on November 2009, when it concluded a contract with H for remodeling construction of the instant real estate.
C. The Defendant asserts that he is the obligee of the instant construction cost, and from November 30, 2009, he exercises a lien on the instant real estate from November 30, 2009.
【Ground for Recognition: Unsatisfy, Gap evidence 1 to 9 (including a branch number; hereinafter the same shall apply)
(2) each entry and video, and the purport of the entire pleadings]
2. Judgment on the parties’ assertion
A. The plaintiff's assertion that the defendant cannot exercise the right of retention for the following reasons, and the defendant is obligated to deliver the real estate of this case to the plaintiff.
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