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(영문) 광주지방법원목포지원 2015.01.15 2013가합10869
유치권부존재확인
Text

Attached Form

It is confirmed that the defendant's lien does not exist with respect to the real estate listed in the list 1, 2, and 4.

Reasons

1. Basic facts

A. On July 22, 2011, the registration of the establishment of a mortgage over the maximum debt amount of KRW 2.6 billion was completed on July 21, 201, Han Bank Co., Ltd., Ltd., and on June 21, 2013, the registration of the voluntary decision to commence the auction was completed on the application of the above bank.

B. On October 2, 2013, at an auction procedure according to the above decision (hereinafter “instant auction”), the Defendant submitted a lien report along with an accompanying document, such as a written contract for construction work (hereinafter “instant contract”), written estimate, written consent to use, written consent to use, etc. (hereinafter “written consent to use”), and submitted a lien report to the auction court (hereinafter “written consent to use”). The Defendant asserted that, around May 23, 201, the construction work of the 2-5 story building of the instant case was completed by receiving KRW 650 million from C, and that it did not receive only KRW 50 million out of the construction work price, and that it does not occupy the said building 401.

C. The main contents of the instant contract (as of May 23, 201) are as follows.

1. Name of construction: Removal, 2, 3, 4, and 5 floors;

2. The construction site: buildings in this case;

3. Commencement: The scheduled completion date on June 10, 201: The total amount of construction works on December 5, 2011: The main construction contract is KRW 2.650 million based on the studio estimate. The construction contract is a construction contract corresponding to the studio estimate. If the building in this case is not changed to use due to the studio under C, the construction work shall be performed according to the 2,3,4, and the 500 million construction cost according to the studio estimate.

The contract of this case is in the form in which the entire text is printed, or the terms of this special agreement (hereinafter referred to as the "special agreement") can be later than the last day of the contract.

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