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(영문) 대구고등법원 2021.03.31 2020나20938
유치권 부존재 확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following amendment or addition as stated in Paragraph 2 and Paragraph 3 as stated in Paragraph 3, and the amendment or addition as stated in the main text of Article 420 of the Civil Procedure Act. Thus, this is acceptable as it is in accordance with the main text of Article 420 of the Civil Procedure Act.

Before the amendment of the first instance judgment Nos. 18 through 19, the Defendant held a claim for the construction payment of KRW 44,510,000 against the instant building.

It is reasonable to view it.

After revision, it is recognized that the Defendant was awarded a subcontract for part of the new construction of the instant building from D, and that the Defendant agreed with D and C to receive a direct payment of the subcontract price from D and C, and therefore, the Defendant had a claim for the construction price as to the instant building against C.

It is reasonable to view it.

2. The following circumstances, at the location of the amendment of the part of the trial at the time of construction of the building at issue, acknowledged by Defendant I received the keys of the building at issue from Defendant I around October 2014, for witness I, witness I, G testimony, Gap evidence No. 2, Eul evidence No. 4-1, 18-22, Eul evidence No. 23-2, and video No. 25, respectively, as a whole, as a whole, as a whole, around the following:

A statement is made; ② The Defendant requested a certified judicial scrivenerJ to prepare a “right report under the lien” to submit the instant public auction procedure; accordingly, the J prepared a “right report under the lien” in the name of the Defendant and sent it to the Korea Asset Management Corporation on October 23, 2017 by special-level mail; ③ The date of preparation stated in the Defendant’s right of retention submitted in the instant public auction procedure is October 19, 2017; ④ The Defendant’s photograph attached when the Defendant reported the right of retention in the instant public auction procedure is the building of this case.

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