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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 19, 2005, E Co., Ltd. (hereinafter “E”) removed the F building existing in Dongdaemun-gu and D ground, Seoul, and entered into a contract for the implementation of a new project with the main complex building on the site of the construction of the third and third underground floors above the ground level above the third and third floors above the ground level. However, the construction contract for the new construction of the building was cancelled under the construction of the five floors.
E, on January 20, 2010, entered into a contract for construction work again with the name of the contractor as G Co., Ltd. (hereinafter “G”). After the resumption of the construction work, E was actually completed due to the resumption of the construction work, but it failed to obtain approval for its use.
(hereinafter referred to as the “instant reconstruction project,” and the newly constructed building will be referred to as the “instant building”). B.
On the other hand, the Plaintiff occupied the instant building by asserting a lien from September 28, 2012. The Defendant, who subcontracted the construction of the instant building with a subcontract for the creation, waterproofing, domination, and tidal work, occupied the instant 403 unit from around that time to the point of view and occupied the instant 403 unit.
C. On December 11, 2012, the Plaintiff filed an application with the Seoul Northern District Court for temporary injunction against access and obstruction of business operations against E and G. On May 9, 2013, the same court rendered a provisional injunction against the Plaintiff’s intent to access the instant building or to interfere with the Plaintiff’s possession of the site of the instant reconstruction construction. Accordingly, the provisional injunction on May 16, 2013 was executed.
[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 9, 10, 13, and 14 (including paper numbers)
2. Determination as to the existence of a lien
A. Summary of the assertion 1.