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Reasons
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(영문) 대전고등법원(청주) 2015.06.23 2014나20975
유치권확인 청구의 소
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1. Of the judgment of the court of first instance, the part against the Defendant against Defendant A, which was known to the center of the Plaintiff, and the part against Plaintiff A.

Reasons

1. Facts of recognition;

A. 1) Rab integrated Construction Co., Ltd. (hereinafter “Rabd Co., Ltd.”) (hereinafter “Rabd Co., Ltd.”)

(D) On March 14, 2011, the Agricultural Partnership Corporation (hereinafter referred to as “D”).

2) Around June 30, 2011, D obtained approval for the use of the instant building from the Chungcheong Market to KRW 1.9 billion. After that, D completed registration of initial ownership on July 25, 201.

3) On January 8, 2013, upon the application of the Small and Medium Business Corporation, which is a collateral security right holder, the voluntary auction procedure for the instant building was initiated as Cheongju District Court Cheongju Branch F (hereinafter “instant auction procedure”).

(4) On January 28, 2013, in the instant auction procedure, the Plaintiffs asserted a right of retention based on each of the claim for the construction price of the instant building, where the Plaintiffs occupied the instant building (at the latest, from December 28, 2011) in the process of the instant auction procedure.

(B) The Plaintiffs’ respective claim for the construction cost of each of the Plaintiffs’ assertion was KRW 12,943,937, Plaintiff A 272,00,000 won, Plaintiff B 4,650, and Plaintiff C40,277,000. The Plaintiffs reported their respective lien on March 6, 2013.

5) During the instant auction procedure, the Defendant awarded a successful bid for the instant building and paid the price in full on October 31, 2013. At present, the Plaintiffs possessed the instant building. (B) On April 25, 201, the Plaintiff’s central notice was awarded a contract with D for the construction work of supplying and installing low temperature cooling units, high-conditioning teams and freezing units, and ESP equipment in the instant building (hereinafter “instant cooling system construction”) from D on April 25, 2011.

2 D on September 16, 201, 201, it is the case to be known to the central government of the Plaintiff.

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