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(영문) 대구지방법원포항지원 2015.09.15 2014가합1732
유치권방해금지
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

2. The plaintiff as to the real estate stated in the annexed sheet.

Reasons

1. Facts of recognition;

A. An advanced comprehensive development company (hereinafter “Advance comprehensive development”) was established for the purpose of construction business, etc., and is currently in the rehabilitation procedure after receiving a decision on commencing the rehabilitation procedure as the Ulsan District Court 2009 Mad10 on September 18, 2009. The Plaintiff is the administrator of advanced comprehensive development, and the development of Seongbuk-gu Industrial Development Co., Ltd. (hereinafter “Madb Industry Development”) is the management manager of advanced comprehensive development, and the Plaintiff newly constructed and sold the buildings listed in the attached Form C and two lots on the ground (hereinafter “the instant construction site”).

B. On July 30, 2008, the Seongdong-gu Development contracted the construction of the instant building (hereinafter “instant construction”) to the advanced comprehensive development entity, which is the contractor, while carrying out the said project as the executor of Seongdong-gu Development as an advanced comprehensive development entity, and entered into a business agreement and an agency contract (hereinafter “instant business agreement”) with the content that the company will receive a loan for land purchase and project costs from the Export Cooperatives, which is the lending financial institution (hereinafter “the instant business agreement”).

C. Around September 12, 2008, an advanced comprehensive development contracted the instant construction from the Seongdong-gu Industrial Development, and started construction around that time, and suspended construction around April 30, 2009.

An advanced comprehensive development had suspended the instant construction from the time of suspending the instant construction, with the claim for the construction cost unpaid for the development of Seongdong Industries as the secured claim, and occupied the instant building by installing two containers and banners, etc. on the instant construction site. Furthermore, the Plaintiff occupied the instant building and occupied the instant construction, and thereafter, the instant construction was subcontracted to the Plaintiff.

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