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(영문) 대법원 2015.03.20 2014다230511
유치권부존재확인 청구의 소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

The allegation in the grounds of appeal is erroneous in the misapprehension of the rules of evidence or in failing to exhaust all necessary deliberations in the judgment below, which held that the defendant has a lien on the claim for construction cost of KRW 76,800,415 as the secured claim for the whole building of this case even if the defendant did not perform construction work under the contract of this case, and even if the construction work was performed by the defendant, only one of the buildings of this case

However, this cannot be a legitimate ground for appeal because it is merely an argument about the selection of evidence and fact-finding belonging to the exclusive authority of the court below.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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