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(영문) 인천지방법원부천지원 2017.11.14 2017가단100118
유치권 부존재 확인
Text

1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

Reasons

1. Basic facts

A. The Plaintiffs paid the sale price on October 25, 2016 from the voluntary auction case (Seoul District Court Branch C, D, E, etc.) conducted with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and acquired ownership of each 1/2 share.

B. On November 29, 2016, the Defendant claimed a lien on each of the instant real estate and applied for a voluntary auction commencement on November 29, 2016, and received a voluntary decision to commence auction on December 15, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 9 (including virtual number; hereinafter the same shall apply), Eul evidence 2 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is difficult to recognize that the Defendant failed to meet the requirements of the Defendant’s continuous possession, etc. of each of the instant real estate, in the case of the lien asserted by the Defendant as to each of the instant real estate, and even if the Defendant’s assertion was established, the Defendant’s lien is extinguished by submitting the report of waiver of the lien in the course of voluntary auction procedure. Therefore, there is no Defendant’

B. The Defendant asserted that the right of retention for each of the lands of this case was established by occupying each of the lands of this case by concluding a construction contract on reinforced retaining wall block block with respect to each of the lands of this case between G and G, which was the former owner of each of the lands of this case, and completing the construction work accordingly, and securing this, the right of retention for each of the lands of this case was established by occupying each of the lands of this case. The Defendant submitted a report

3. Whether the defendant's right of retention is recognized

A. According to the results of the appraiser H’s appraisal of Gap’s evidence Nos. 3, 4, and Eul’s evidence Nos. 4, 5, 11 through 13, and appraiser H’s appraisal as to whether the relation between the secured claim and the secured claim is recognized, the defendant is in G and Kim Jong-si’s forest land on December 3, 2010.

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