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(영문) 서울북부지방법원 2016.08.23 2015가단52234
물품대금 및 유치권확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On January 27, 2015, the Plaintiff’s assertion that he/she had already concluded a contract for vehicle remodeling with D Co., Ltd. (hereinafter “D”) whose representative director is the Defendant and the Plaintiff’s vehicle remodeling contract with the E and the attached list (hereinafter “instant vehicle”) with KRW 82,58,00,000, and even after the Plaintiff had already completed the vehicle remodeling work under the said contract and delivered E vehicles to D, D did not pay KRW 35,508,000 out of the aforementioned price and the remainder of KRW 47,00,000 has already been occupied by the instant vehicle to secure the unpaid manufacturing price. Accordingly, it is confirmed that the Plaintiff, a lien holder of the rehabilitation company, which already takes the unpaid manufacturing price as the secured claim, has already been in possession of the instant vehicle.

2. On the basis of ex officio determination as to the legitimacy of a lawsuit, the litigation for confirmation is deemed lawful. The lawsuit for confirmation is unlawful since the plaintiff cannot be deemed to have a legal interest in seeking confirmation of existence of a lien against the defendant, on the grounds that there exists any legal interest in seeking confirmation of existence of a lien, since it cannot be deemed that the plaintiff has a legal interest in seeking confirmation of existence of a lien against the defendant, and the lawsuit for this case is unlawful.

3. It is so decided as per Disposition by the assent of all participating Justices, since the plaintiff's lawsuit of this case is unlawful.

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