logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.12.11 2018나10120
유치권존재확인
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 appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for construction cost 1) E is about October 1, 2005, the 2nd underground floor and the 10th ground-based neighborhood living facilities (hereinafter “instant building”) on the ground of 530.9 square meters in Nam-gu, Incheon Metropolitan City.

from the time of the second term, the indication of corporation shall be omitted from the time of the new construction.

(2) On November 3, 2006, 2006, the construction work was suspended under the condition that the construction work was carried out on the 2nd floor and the 3rd floor macker on the ground. (2) On January 3, 2006, the Oral Construction Co., Ltd. was subcontracted for the civil and basic construction work among the construction work of the instant new building from the Bolar integrated Construction, and completed it around 2009, but did not receive KRW 300,000,000 among the construction work.

3) The Plaintiff was sub-subcontracted for the above civil and basic construction works from the Dao Construction on or around 2006 and completed it on or around 2009, but the construction cost of KRW 250 million is KRW 250 million (hereinafter “instant construction cost”).

(4) Between E and F on August 2007, 2007, E comprehensively transfers to F all business rights, including claims and debts related to the construction of the instant building, and F entered into a verbal contract with F to comprehensively acquire it, but around February 2008, entered into a contract for transfer of business rights, which confirms the above oral contract, and entered the date of preparation in the agreement for transfer of business rights, retroactively on August 20, 2007.

F established G in order to carry out the new construction of the instant building, the F contracted the construction price of KRW 1.9 billion in the name of G and the construction period from October 10, 2007 to March 20, 2008. The construction of the mountain field comprehensive is completed around October 30, 2009.

5) The real estate listed in the separate sheet among the instant buildings (hereinafter “instant real estate”).

On January 19, 2009, the registration of provisional attachment of error construction was completed in F's name.

F shall be dated November 2009.

arrow