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(영문) 전주지방법원군산지원 2020.06.11 2019가합50569
폐수시설철거 및 부동산인도 등 청구의 소
Text

1. Defendant C Co., Ltd.:

A. Attached Form 2 among the land for factory listed in the list of real estate Nos. 1.

Reasons

1. Basic facts

A. On around 2015, Defendant B fishery partnership corporation (hereinafter “Defendant B”) established a joint collateral security (hereinafter “instant collateral security”) under the Factory and Mining Foundation Mortgage Act (hereinafter “instant joint collateral security”) with respect to each factory building listed in [Attachment 1] Nos. 3,080 square meters (hereinafter “instant factory building”) and each factory building listed in [Attachment 2 or 5] other than the building not presented, and machinery and equipment listed in [Attachment 3] list (hereinafter “instant factory building”).

B. On May 4, 2017, Defendant B entered into a contract with Defendant C (hereinafter “Defendant C”) on the construction of wastewater treatment facilities (hereinafter “instant wastewater treatment facilities”) on the ground of the instant land for factory (hereinafter “instant contract”).

C. According to the instant contract, Defendant C installed the instant wastewater treatment facilities on the part of 52 square meters in the “A” portion connected in order to each point of the attached drawing Nos. 34, 35, 36, 37, and 34, in turn.

D applied for voluntary auction on July 30, 2018 with respect to the instant land for factory, the instant factory buildings (excluding buildings outside the city), and the machinery and equipment of this case to the Jeonju District Court Gunsan Branch E (hereinafter “auction of this case”) based on the instant collateral security, and the decision to commence voluntary auction was issued on July 30, 2018. On the same day, the entry registration was completed on the receipt of military capital support from the Jeonju District Court 28944.

E. In the instant auction procedure, Defendant C completed the construction of the instant wastewater treatment facilities by being awarded a contract from Defendant B, but, on account of its failure to receive the construction cost, filed a lien report with the auction court on October 18, 2018, by asserting that Defendant C occupied the instant factory site and the instant factory building as a means of securing payment.

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