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(영문) 수원지방법원여주지원 2015.11.17 2015가단22023
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. The Plaintiff filed an application for voluntary auction of each of the above lands to G with this court as a mortgagee on the instant real estate listed in the separate sheet (hereinafter “each of the instant lands”) located in the G, which was ① 1,88m2, E forest land owned by B, ② 22,314m2, E forest land owned by D, and ③ F ownership, and the decision to commence auction was rendered on August 29, 2013.

B. On August 7, 2014, the Defendant reported the right of retention to the effect that “from May 16, 2011 to September 12, 2011, with respect to the Gyeonggi-gu H Group, a contract for outdoor pipeline and underground water construction was completed, and there is KRW 164,80,000 for the construction cost claim arising therefrom,” but on June 2, 2015, the Defendant reported the change of the right of retention to the effect that “the right of retention was exercised to receive KRW 9,200,000 for each of the instant lands.”

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence (including all branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s claim for the construction cost claimed by the Defendant is based on a false claim without specific evidence, and the Defendant actually holds the claim for the construction cost.

Even if the construction completion date, the three-year extinctive prescription period from July 31, 201, which was the date of construction completion, was exceeded, and the defendant did not possess each of the land of this case for the exercise of lien.

B. The Defendant’s assertion 1) D and July 9, 201 entered into a contract on the construction of underground water, outdoor pipeline, warehouse, and cargo pipeline with respect to the surrounding areas, including each of the instant land. At the time, all of the construction works performed by F. (2) The Defendant has a claim for the construction cost of KRW 9,200,00,00 for each of the instant land, including warehouse and underground water, and from May 2013 to reside in each of the instant land.

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