logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.04.27 2016가합359
유치권부존재확인
Text

1. It is confirmed that the Defendants’ lien on real estate listed in the separate sheet does not exist.

2...

Reasons

Basic Facts

Defendant Non-Ssung Construction Co., Ltd. (hereinafter “Non-Ssung Construction Co., Ltd.”) received a supply of construction works for constructing three studio-dong (attached Form 4 or 6; hereinafter “instant buildings”) on the ground from the forest environment at the time of August 5, 2010 from the Busan Construction Co., Ltd., which was the owner of the land listed in the attached Table 1 as of August 5, 201, and completed the construction on February 25, 2011.

However, on August 28, 2014, Defendant Non-Usung Construction Co., Ltd., who did not pay the construction cost despite the completion of construction work, filed a lawsuit for the claim of construction cost under Busan District Court 201Kahap20488, and rendered a judgment on August 28, 2014 that “The vice environment of the Co., Ltd. is 255,79,758 won to Defendant Non-Usung Construction, and 5% per annum from February 26, 2011 to October 5, 201, and 20% per annum from the next day to the day of complete payment,” and the above judgment was finalized as the withdrawal of the appeal by the Non-Usung Construction Co., Ltd. on May 18, 2015.

Attached Form

On May 10, 2013, the procedure for voluntary auction of real estate (hereinafter “instant voluntary auction procedure”) was commenced on May 10, 2013, on the grounds that there was an application for voluntary auction filed by the Hansan Agricultural Cooperative, which was the mortgagee of the right to collateral security in the Busan District Court and Dong Branch of the Busan District Court (hereinafter “instant voluntary auction procedure”), while transferring the ownership of the real estate recorded in the list, the plaintiffs received a successful bid on August 5, 2015.

On October 27, 2015, Defendant Non-Construction’s transfer of the instant claim for construction price to Defendant Non-Indicted Construction: (a) transferred the claim based on the final judgment of the said Busan District Court 201Gahap20488 on October 27, 2015 to Defendant Ulsan Credit Union; (b) notified the Plaintiffs of the transfer of the claim; and (c) received the said notification

The defendant non-construction based on the lien is the Busan District Court with respect to the building of this case.

arrow