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(영문) 의정부지방법원고양지원 2016.05.18 2015가단36122
유치권부존재확인
Text

1. The defendant's claim for the construction cost of KRW 35 million against B regarding the real estate stated in the attached list.

Reasons

1. On May 2, 201, the Plaintiff loaned KRW 267,000,000 to B on May 2, 2011, determined the maximum debt amount as KRW 320,40,000 with respect to the real estate stated in the separate sheet (hereinafter “instant apartment”).

B In arrears with the repayment of the principal and interest of the loan, the Plaintiff filed an application for voluntary auction on March 31, 2015 for the instant apartment, and became a decision to commence voluntary auction at that time.

On June 15, 2015, the Defendant reported the right of retention that the repair work was performed on the apartment of this case and the construction cost was not paid 35 million won.

【Ground for Recognition: Each entry of Evidence A 1 to 8】

2. According to the result of the on-site inspection by the court of this case, among the apartment of this case, the room where the defendant possesses the apartment of this case: (i) there is no indication that the defendant exercises the right of retention; (ii) the defendant visits only once a month; and (iii) the fact that the items of the children of this case are set up in lots. Therefore, it is difficult to deem that the defendant occupies the apartment of this case.

Therefore, it is difficult to view that the defendant is exercising the right of retention.

3. According to the conclusion, the plaintiff's claim of this case is reasonable.

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