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(영문) 서울북부지방법원 2020.10.15 2020가합20405
유치권 부존재 확인
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The F-building and maintenance project partnership (hereinafter “F-building and maintenance project partnership”) is a reconstruction and maintenance project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which was established on February 7, 2003 in order to promote three reconstruction projects of H-building and 13 lots outside Seoul Special Metropolitan City, Nowon-gu.

Around July 2010, the non-party association concluded a construction contract between the defendant and the non-party association to implement the existing building demolition work, the apartment house and the new construction work of the facilities on the land provided by the non-party association, and the construction project cost to cover the liquidation money of the association members and the sale price for the general sale portion (hereinafter “instant construction contract”).

B. Around March 2011, the Defendant completed the new construction of an apartment in accordance with the instant construction contract.

(hereinafter referred to as “the apartment of this case”). The apartment of this case consists of 20 square meters and 20 square meters and 30 square meters and 38 square meters and 58 households, and the whole of 20 square meters and 20 square meters and 30 square meters and 8 square meters are the non-party partnership's share in lots, and the remaining 30 square meters and 30 households are the general share in lots to be appropriated for the defendant’s construction cost.

C. On April 9, 2012, the non-party union and the defendant obtained permission to use the apartment of this case from the head of Nowon-gu in Seoul Special Metropolitan City.

Around that time, the Defendant: (a) delivered the non-party partnership sales share 20 and 30 square meters to the non-party partnership members; and (b) occupied the other non-party partnership sales share 30 square meters, 30 square meters of general sales share 30 square meters, and 30 square meters of general sales share 33 square meters of total 30 square meters; (c) while having resided in Jho, the Defendant occupied the non-party partnership sales share 20 and 30 square meters of general sales

The creditor of the non-party partnership filed an application for a compulsory auction against the non-party partnership's share in the 13 parcels among the 14 parcels of the apartment site of this case and against the 33 households among the apartment of this case (the 3 households not delivered to the non-party partnership's share in general sale) among the 30 units of the apartment of this case.

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