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(영문) 서울고등법원 2016.06.24 2015나2059779
유치권부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

The defendant's lien on each real estate recorded in the list is the same.

Reasons

1. Basic facts

A. The plaintiff is a corporation whose main purpose is to acquire and transfer claims, security rights, and other property rights, and the defendant is an engineering work corporation, etc.

B. On November 5, 2010, the Defendant entered into a contract (including value-added tax, hereinafter the same) under which the Defendant entered into a contract with the creative rate of Co., Ltd. (hereinafter referred to as “the instant contract”) whereby the Defendant entered into a contract (hereinafter referred to as the “instant contract”) with the Defendant setting the period from the creative rate to December 15, 2010 to September 30, 201, with the construction period of the construction work of the Sejong Island Construction Project (hereinafter referred to as “instant construction”) as KRW 3,628,625,00 (including value-added tax, hereinafter the same).

C. The Defendant agreed to increase the amount of the instant contract over four occasions as follows, between the creative rate and the creative rate.

Cost of KRW 4,327,950,000 on March 29, 2011, the date of which has been increased, KRW 4,180,00 on November 30, 201, KRW 4,257,00 on March 29, 201, KRW 00 on April 10, 201, KRW 4,327,950,00 on April 20, 201, KRW 4,398,90,000 on April 20, 201

D. On November 11, 201, the Defendant lent KRW 800,000,000 in total, as a design cost, for each of the loans of KRW 750,000,000 in total, and KRW 50,000 in total, on April 22, 2011, under the pretext of the purchase price for the project site.

On November 9, 2010, the original rate was agreed to the Defendant to pay the full amount of KRW 50,000,000,000, out of KRW 450,000 on the loan in the name of the purchase price for the project site, until December 31, 2010, and the remainder of KRW 400,000,000 until May 30, 201, and on April 21, 201, the Defendant agreed to pay the full amount of KRW 80,00,000 to the Defendant by April 30, 2011.

E. On April 15, 201, the National Bank entered into a loan transaction agreement with a company with a total approved amount of KRW 2,200,000,000 with a creative rate of KRW 2,20,000,00, and upon receipt of an application for installment payment of the approved amount of the instant loan based on the contribution to the instant loan transaction agreement from a creative rate of KRW 850,000,000 on April 222, 2011; and ② KRW 40,000,000 on May 31, 201; ③7.

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