(영문) 서울고등법원 2018.11.09 2018나2011518

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.11.09 2018나2011518

유치권부존재확인

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. In the first instance court, the Plaintiffs filed a claim for confirmation of existence of the right of retention against the Defendant and a claim for damages due to tort. The first instance court dismissed the part of the claim for confirmation of existence of the right of retention among them, and accepted all the claims for damages due to tort.

Therefore, since only the defendant appealed against the claim for damages due to the tort, the subject of the judgment of this court is limited to the claim for damages due to the above tort.

2. Basic facts

A. On September 12, 2015, Plaintiff B, the mother of the Plaintiffs who entered into the construction contract, acting for F, entered into a construction contract (hereinafter “instant construction contract”) with the Defendant, under which: (a) the Defendant entered into a construction contract (hereinafter “instant construction contract”) on the attached Table 2 (hereinafter “instant land”) under which the construction work on the land of KRW 4,10,00,000,000,000,000,000,000 in Seoul, Seoul, Seoul, and KRW 289,000,000 and KRW 36,000,000,000,000,000 (hereinafter “instant land”); (b) the construction work on the land of KRW 2,000,000,000,000,000,000,000,000,000; (c)

B. Following succession to the status of the owner of the building, F completed the registration of transfer of ownership on October 27, 2015 to Plaintiff A with respect to the share 275.29/39 of the instant land among the instant land on October 30, 2015, to Plaintiff B, and C with respect to each share of 41.59/399, and to Plaintiff D with respect to each share of 40.53/399, respectively.

(A) After that, the Plaintiffs were issued a certificate of completion of report by the head of Dongjak-gu Office on November 20, 2015 after filing a report with the head of Dongjak-gu Office on the change of the owner of the instant building from F to the Plaintiffs.

(A) evidence of heading 3.c.

The plaintiffs' termination of the construction contract of this case and the defendant's construction site 1 defendant started the construction work of this case in early November 2015, but thereafter the construction work of this case was conducted by the plaintiffs and the construction work of this case.

유사 판례

-서울중앙지방법원 2017.06.28 2016가합513079

-서울중앙지방법원 2018.01.17 2016가합580130

-광주고등법원 2015.12.23 2013나5045

-서울고등법원 2016.04.27 2015나2006171

-서울고등법원 2015.06.25 2014나20211