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(영문) 광주고등법원 2018.05.18 2017나12355
유치권부존재확인의 소
Text

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. Facts of recognition;

A. B completed the registration of ownership transfer on June 15, 2006 with respect to each real estate listed in the separate sheet on July 12, 2006 (hereinafter “the instant cartel”).

B. There is no dispute between the parties that the Defendant and the father and the defendant of G Defendant’s representative director D acting for the Defendant and that they have the authority to conclude the instant construction contract and the instant sales contract on behalf of the Defendant and D. Throughout the foregoing, from B on April 2, 2013, the construction work of the instant telecom (referring to the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior tever, interior finishing, waterproofing, drawing, flooring, electricity, telecommunications construction, total of which is referred to as the “instant construction work”) is KRW 356,40,00 for construction cost (including value added tax) and the contract price column (36,40,000,000) under paragraph (5) of the construction contract (including value added tax) appears to be a clerical error.

Upon entering into a construction contract (hereinafter “instant construction contract”) with the construction period from April 8, 2013 to July 15, 2013, a special agreement entered into that “The construction price shall be paid within 14 days after completion of the construction project, and B shall transfer all business rights and ownership to D when completion of the construction project is impossible.”

C. B concluded a sales contract with G on July 22, 2013 to sell the instant franchise to D for KRW 670,000,000 (hereinafter “instant sales contract”). The main contents are as follows.

A sales contract B and D shall enter into a sales contract with respect to the Melel sales contract in the L of the Duyang-gun as follows:

2. B and D shall fix the purchase price of the above real estate as KRW 670,000,000 for all of the real estate, buildings and facilities.

3. B and D set the construction cost of KRW 245,00,000 in accordance with the remodeling of the said real estate, and D shall succeed on September 1, 2013 to cover KRW 155,000,000 obtained by subtracting the construction cost of KRW 90,000 from the said construction cost.

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