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(영문) 서울고등법원 2015.08.19 2014나2011190
유치권확인
Text

1. Revocation of the first instance judgment.

2. The defendant-appellant is above the ground of the real estate indicated in the attached Table 1 list to the plaintiff.

Reasons

1. On March 6, 2007, the Plaintiff awarded a contract for construction work for the construction work of the main complex shopping mall (hereinafter “instant shopping mall”) on the real estate listed in the attached Table 1’s real estate list (hereinafter “the instant real estate”) from each Busan Construction Co., Ltd. (hereinafter “each Construction”) for KRW 17.1 billion. On March 7, 2007, the Plaintiff awarded a subcontract for the construction work of the said construction work to the Busan Construction Co., Ltd., Ltd. (hereinafter “Building”).

Since then, the Plaintiff’s suspension of construction around July 2007, since each of the construction works did not pay the construction cost, and around that time, the shopping mall construction was completed from underground to ground second floor.

(A) The part of the construction completed until the time is the building built of reinforced concrete building on the part inside the building indicated in the drawings of attached Table 2. The plaintiff filed a lawsuit against each of the construction works of this case for the payment of the construction cost (No. 2007Gahap4872) and on September 22, 2008 between the plaintiff and each of the construction works of Suwon Construction to the plaintiff by May 31, 2009. If each of the construction works of this case delays the above payment, the late payment damages for delay shall be paid in addition to 20% per annum. The part of the intervenor for mediation was established to waive all the claims for the construction cost against the plaintiff in relation to the shopping construction of this case.

On the other hand, on September 8, 2005, each mountain Construction entrusted the instant real estate to the Daol Real Estate Trust Co., Ltd., a trustee on December 26, 2008, ordered the Korea Savings Bank Co., Ltd. (former Mutual Savings Bank, Korea Mutual Savings Bank, hereinafter “Korea Savings Bank”) to transfer the instant real estate and the instant right to a construction permit on the construction of the shopping mall, and accordingly, on December 30, 2008, the Korea Savings Bank.

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