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(영문) 창원지방법원 2015.04.28 2014가단81774
유치권존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination as to the cause of claim

A. The plaintiffs asserted that the plaintiffs are entitled to attract the building of this case since they occupy the building of this case since they did not pay the debtor I, even though they have a claim regarding the new construction of the building of this case and their claims have reached the due date.

B. Determination 1) Since the above right of retention is derived from an object possessed by the court, possession of the object is a requirement for establishment of the right of retention and a requirement for existence. 2) In full view of each description of Eul evidence Nos. 1 through 4 (including serial numbers; hereinafter the same shall apply) and the whole purport of the pleadings in relation to the plaintiff A, the plaintiff A occupied Nos. 201, 202, 204, 301, 302, 401, and 403 among the buildings of this case, the plaintiff A did not notify the plaintiff A of the fact that the plaintiff No. 201, 202, 304, 301, and 403 were occupied by the court around August 7, 2014, the court rejected the defendant's immediate appeal against the plaintiff Nos. 201, 301, 204, 302, 401, and 403.

3. In light of the above legal principles, the Plaintiffs are no longer the buildings of this case.

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