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(영문) 수원지방법원 2017.05.16 2016가단524742
유치권부존재확인
Text

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

2...

Reasons

1. Basic facts

A. On September 23, 2014, the Plaintiff registered the establishment of a neighboring mortgage at KRW 840 million with respect to the real estate listed in the separate sheet owned by A and B (hereinafter “instant land”).

B. On October 21, 2015, the Plaintiff filed an application for voluntary auction to the Suwon District Court C with respect to the instant land. On October 22, 2015, the said court rendered a decision to voluntarily commence the auction on the said land, and on the same day, the entry was registered.

(hereinafter “instant auction procedure”). C.

On December 29, 2015, the Defendant, as a person holding a provisional attachment on the instant land, filed a report on the right to, and demanded the distribution of, the construction cost of KRW 650 million, as a person holding a provisional attachment on the instant land at the auction procedure, and filed a report on a lien with, the claim for the said construction cost as a lien holder (hereinafter “claim for the instant construction cost”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s claim for the construction cost of this case was not due, and the connection between the land of this case is not recognized. Since the Defendant did not occupy the land of this case, there is no lien on the land of this case by the Defendant.

B. The period during which the instant claim for construction payment, which is the secured debt of the right of retention reported by the Defendant alleged by the Defendant, has arrived, and the relationship between the instant land and the instant land is recognized. Since the Defendant occupied the instant land from September 4, 2014, the right of retention on the instant land was effective.

3. Determination

A. (1) The facts of recognition (A) as to the assertion of the due date of the secured claim and the relationship between the parties are as follows: (a) D set the sales amount as KRW 2.4 billion for the Egyptian Egyptian (hereinafter “Egyptian”) on February 7, 2013, the instant land owned by the Egyptian (hereinafter “Egyptian”) and the land adjacent thereto (F, G, H, I, and J).

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