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(영문) 서울고등법원 2015.03.10 2014나2030986
유치권확인등청구
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A.O decided to newly build three multi-households (hereinafter “instant building”) with F’s name on the land outside E and four lots (hereinafter “instant land”) in Namyang-si, Namyang-si, one’s own ownership, and ordered the construction of a building to Hyundai Urban Development Corporation, which is operated by one’s friendship-gu (hereinafter “former Large City Development”). Hyundai Urban Development Co., Ltd. (hereinafter “former Large City Development”). Since no construction business license was granted, Hyundai Urban Development Co., Ltd. (hereinafter “G”) concluded a construction contract by lending the name of “P Co., Ltd. (hereinafter “G”); G changed its trade name to a P Co., Ltd.).

B. On October 12, 2009, Plaintiff A determined the construction cost of the instant building construction works as KRW 86,940,00,00 among the instant building construction works, G and construction subcontract; Plaintiff B determined the construction cost of the sanitary installation works as KRW 83,200,000 on July 20, 200; Plaintiff C entered into a subcontract for G and construction works; Plaintiff C, along with Q Q, entered into a subcontract for construction works with the field agent and construction work in KRW 197,00,000 on November 10, 200, while Plaintiff D, along with I, entered into a subcontract for reinforced concrete and non-dried construction works in KRW 39,150,00 on July 1, 200.

C. On the other hand, S, a creditor of S, applied for a compulsory auction of the instant land to K with the District Government District Court for the compulsory auction of real estate on April 4, 201. The Korea Asset Management Corporation, which is another creditor of S, applied for a compulsory auction of the instant land and the instant building in the state of the United States, and rendered a voluntary decision to commence the auction of real estate on January 5, 2012. The said voluntary decision to commence the auction was conducted in conjunction with the same court K compulsory auction procedure.

The Defendant’s land and this case’s land at the auction procedure on January 25, 2013.

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