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(영문) 전주지방법원 군산지원 2017.04.21 2016가합10386
유치권부존재확인의 소
Text

1. It is confirmed that there is no lien on the Defendant with respect to B 1,752m2.4m2 in the following cities:

2...

Reasons

1. Basic facts

A. On April 23, 2014, the Plaintiff completed the registration of the establishment of a collateral security with respect to B Daesan-si, a limited liability company C (hereinafter “C”) with a maximum debt amount of KRW 800 million (hereinafter “instant land”).

B. On October 16, 2014, the Defendant’s contract for construction work 1) C is a continental Construction Co., Ltd. (hereinafter “alternative Construction”).

A) Between the instant building and the D Building on the ground (hereinafter referred to as “instant building”).

(2) A contract was concluded on November 18, 2014, on which the contract amount of new construction works (a contract amount by type of civil engineering works and construction works): KRW 7.3 billion (the contract amount by type of civil engineering works: KRW 1.5 billion; KRW 5.8 billion for construction works); the date of commencement; October 24, 2014; the date of completion; and on June 23, 2015, on November 17, 2014, to change only the contract amount of civil construction works among the said new construction works to the contract amount of KRW 1.1 billion (including value-added tax); and on June 23, 2015, on June 23, 2015, the continental construction entered into a subcontract with a limited liability company (hereinafter referred to as “new construction”) and the construction period of KRW 7.84 billion for soil (including value-added tax) from the contract amount of the said new construction works to the date of completion.

Accordingly, the new cooperation land was conducted with the land of this case, such as the ground-breaking and soil-shielding construction.

3) Subsequent to February 27, 2015, C excluding the civil engineering works already completed among the Defendant and the aforementioned new construction works (hereinafter “instant construction works”).

(1) The contract for construction works (including value-added tax), which shall be determined as the contract amount of KRW 7.1 billion (including value-added tax), March 2, 2015 (applicable from the completion of civil construction works), and February 26, 2016 (excluding winter period and number of 0,000) and is to be awarded a contract for construction works (hereinafter “instant contract for construction works”).

(4) The terms and conditions for the payment of the cost agreed upon are as follows:

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