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(영문) 서울중앙지방법원 2018.01.17 2016가합580130
유치권부존재확인
Text

1. Of the instant lawsuit, the part of the claim for confirmation of non-existence of lien shall be dismissed.

2. The defendant shall pay to the plaintiff A KRW 67,218,00,00.

Reasons

1. On September 12, 2015, Plaintiff B, who represented the Plaintiff’s mother F, concluded a contract with the Defendant for the construction (hereinafter “instant construction”) of the building listed in attached Table 2 (hereinafter “instant building”) on the attached Table 2 on the part of the Seoul, Dongjak-gu Seoul, Seoul, which is owned by F, 289 square meters, H large 36 square meters, and I large 74 square meters (each of the above land was combined with G large 39 square meters on October 26, 2015; hereinafter collectively referred to as “instant land”).

F on October 30, 2015, with respect to shares 275.29/39 out of the instant land, the F completed each registration of transfer of ownership for each of the following reasons: (a) Plaintiff B, C, and Plaintiff D with respect to shares 41.59/399 out of the instant land; and (b) Plaintiff D with respect to shares 41.59/39 out of the instant land.

On November 20, 2015, the Plaintiffs reported to the head of Dongjak-gu, the fact that the owner of the instant building was changed from F to the Plaintiffs.

On February 21, 2016, the Defendant: (a) received text messages from the Plaintiff on February 21, 2016, that “I will stop all works from the date in question”; and (b) on February 22, 2016, Plaintiff B was notified of the suspension of construction and termination of the contract to the Plaintiff on February 20, 2016; and (c) notified the Plaintiff B of the request for the suspension of construction on February 21 of the same year in writing. Accordingly, I would like to request the settlement of the amount of construction work from September 2015 to the date of termination of the contract, and at the same time, I would like to refer to the Plaintiff’s receipt of text messages on contact by text or telephone until February 25, 2016; and (c) on the same day, I would have received evidence from the Plaintiff to the President on February 24, 2016.”

Accordingly, around February 22, 2016, the Defendant discontinued the instant construction work and completed it at the construction site after suspending it.

The defendant shall file an objection on March 4, 2016.

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