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(영문) 부산고등법원 2015.05.12 2014나6947
유치권부존재
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the dismissal or addition of the judgment of the first instance as provided in the following items, and thus, it shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part III of the judgment of the first instance court is added to the following part:

(3) Thereafter, the bankruptcy was declared against C on October 21, 2013 by the Ulsan District Court 2013Hadan546. The Defendants’ right of retention claim in the first instance judgment of the first instance court is as follows: “E. Defendant and the co-defendant B’s right of retention claim”; “Defendant B” in the first instance trial of the first instance trial of the first instance.

On the fourth decision of the first instance court, “this Court shall add “this Court shall have significant fact and fact” in front of the “the purport of the entire pleadings” in the 19th decision.

Each “Defendant” of the first instance judgment of the first instance court below is dismissed as “Defendant”, and all parts of “Defendant B’s assertion” of the first instance to 14 and the 8th 9 through 17th 17 are deleted.

From 6th to 18th of the judgment of the first instance court, the part is not from fest in light of the others. The part is as follows.

【4 Although the U.S. District Court 2013Kahap945 decided a provisional disposition prohibiting the obstruction of lien on December 16, 2013, the provisional disposition order is merely a provisional disposition and thus, if the existence of the right to the object of the provisional disposition is adversely confirmed by the final judgment in the lawsuit on the merits, the provisional disposition is revoked (see, e.g., Supreme Court Decision 74Da2151, Apr. 27, 1976). In light of the fact that the judgment in the provisional disposition order cannot be deemed to affect the fact-finding and judgment on the merits case as to the existence of the right to retention, which is the preserved right, and evidence No. 20, the above facts and evidence No. 20.

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