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(영문) 수원지방법원평택지원 2015.01.16 2014가합1869
유치권부존재확인
Text

1. An annexed list in which the defendant reported his right to the auction case of Suwon District Court B real estate rent B.

Reasons

1. Basic facts

A. Voluntary auction and lien reporting 1) The Plaintiff shall be the land indicated in the attached list owned by Sshackra Development (hereinafter “instant land”) on June 4, 2013, which is cut Sshacked to the Plaintiff on June 4, 2013.

(2) On October 29, 2013, the Plaintiff filed an application for voluntary auction on the instant land on the basis of the registration of creation of a neighboring mortgage, and accordingly, rendered a voluntary decision to commence auction on November 1, 2013.

(B) On January 3, 2014, the Defendant reported a lien to an auction court on January 20, 2014, on the ground of the existence of the land and the claim for construction cost arising from the construction of facilities on the instant land. (B) The construction contract was entered into between Han Chang Construction for the purpose of constructing a new urban-type residential building on the instant land and Han Chang Construction for the purpose of construction of a new urban-type residential building on the instant land, and the construction contract was entered into between Han Chang Construction for the purpose of 2,936,00,000 (Additional Tax) and the Defendant on February 9, 2013. Meanwhile, on February 19, 2013, Han Chang Construction entered into a subcontract with the Defendant on February 19, 2013, with the construction period of the said urban-type residential housing construction project as KRW 300,000,000,000,000.

(2) From around that time, the Defendant started the construction of civil works and soil bags for newly constructing urban-type residential housing on the instant land, and installed iron pents on the boundary of the land. Meanwhile, while performing the construction of underground stations, the installation of steel systems, and the installation of soil-proof facilities, etc., the Defendant brought up containers, stuffs, materials, etc. for the site offices at the site site office. (3) The Defendant had suspended the construction due to the failure of the competent authority to obtain permission for the commencement of construction due to the circumstances of the city construction around April 20, 2013 during the construction process. (5) On May 2013, 2013.

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