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(영문) 광주지방법원 2016.01.21 2014가합8259
유치권존재확인 등
Text

1. The claim for confirmation of the absence of a transfer security interest in the lawsuit of this case is dismissed.

2. The plaintiff's lien against the defendants.

Reasons

1. Basic facts

A. The Plaintiff and Defendant C Co., Ltd. (hereinafter “Defendant C”), the representative director of the Plaintiff and the Defendant C and Nonparty G Co., Ltd. (hereinafter “G”), are married couples. F is 51.4% of the Plaintiff’s shares, 8% of G’s shares, 54% of G shares, and 98.41% of the Defendant C’s shares, respectively.

B. On July 30, 2007, the Plaintiff received from Defendant C a supply of and demand for civil engineering works, construction works, and manufacture works of each of the instant movables (hereinafter “instant construction works”), as follows:

2) The name of the construction project: The scope of the construction project for the development project for a local industrial complex in Jindo-gun: Drado, Garado, internal wall construction, facility construction (including a water supply and sewerage, utility tunnel), construction works (including a utility tunnel), and construction works: KRW 104.6 billion (no advance payment, and no progress payment shall be made once every month): the scheduled date for commencement or completion of the construction project: from July 31, 2007 to December 31, 2010 (final change) the Plaintiff continued the instant construction from July 31, 2007 to October 5, 2009, and the Plaintiff was unable to receive progress payment from the Defendant C, and thus suspended the instant construction.

C. Defendant B and Defendant C’s transactional relationship, etc. 1) or its representative director I, etc. leased money to E, G, or Defendant C from October 12, 2005 to November 1, 2010. 2) On May 14, 2009, I received a registration of the establishment of a neighboring mortgage on the land of J-gun, Jindo-gun, the E ownership of which is the collateral for monetary loans from E from May 14, 2009.

3) In addition, as between I on May 31, 2010, E entered into a contract with the effect that “E establishes a pledge on the shares of KRW 970,000,000 of the G shares owned by E as collateral of KRW 2 billion to E. 4)” thereafter, G made a trade promise between I and B on September 27, 2010 to set the purchase price at KRW 3 billion for L land and land buildings and M and ground buildings owned by G.

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