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(영문) 부산고등법원 2014.12.04 2014나50524
유치권부존재확인
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of paragraph 2(a).

2. The parties' assertion

A. The Plaintiff’s building was newly constructed by M and N, and the Defendant does not have any connection with the construction of the instant building as well as does not occupy the instant building at present. Even if the Defendant’s claim for construction price exists, the period of extinctive prescription has expired three years, and thus, there is no Defendant’s lien as to the instant building.

B. From January 15, 2010, Defendant F and G contracted for the construction of the instant building in KRW 63.5 million and completed the construction, Defendant F and G possessed the instant building with the claim for the construction cost as the secured claim to the present time from December 2, 201, thereby having a lien on the instant building.

3. Determination

A. According to Gap evidence Nos. 12, 13, 36, 37-1, 2, 3, 3, 3 Eul evidence Nos. 4-1, 3, and 4-1, the construction contract document attached to the documents submitted by the defendant to the Busan District Court dong Branch J, Z, and the above court dong Branch AA branch of Busan District Court on September 20, 201, G, F on February 20, 201, the construction contract document attached to the documents for the report of lien and demand for distribution submitted by the defendant in each voluntary auction procedure for the Busan District Court dong Branch J, Z, and the above court dong branch AA branch of Busan District Y, and the defendant on February 20, 2010, the construction contract document for the new construction of AB neighborhood facilities, the construction cost of 6,3,500,000 won (excluding value-added tax), the completion date of the construction work on March 1, 2010; and

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