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(영문) 부산지방법원 2015.07.15 2014가합7585
유치권존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 207, F Co., Ltd. (hereinafter “F”) ordered the construction of “H building” in the size of the second and fifth floors above the G land (hereinafter “instant construction”). The contractor of the instant construction changed from the contractor of the instant construction to the Construction Co., Ltd. (hereinafter “Lain case”) on August 2008, the contractor of the instant construction changed from the final date to the Construction Co., Ltd. (hereinafter “Lain case”). The contractor of the instant construction changed from the order of Echiel construction, Fain case Co., Ltd., Ltd., YAD construction, tin Construction Co., Ltd., Ltd., and Lain General Construction Co., Ltd.

B.

The Plaintiffs, from F or Lina case, performed each of the construction works listed in attached Table 2’s “construction cost” as the construction cost, under a contract or subcontract for each of the construction works listed in the “Items of Construction Works” column of the same Table during the instant construction work.

(hereinafter referred to as “each contract or subcontract of this case”)

On September 2, 2008, the Plaintiff Shin Young-chul Co., Ltd. (hereinafter referred to as "new-built business"), and B agreed to receive directly the construction payment from F on September 2, 2008, and on January 29, 2009, F made “Unpaid amount” in the attached Table 2 of the construction payment to Plaintiff A, New-built Business, B, and C, respectively.

On April 16, 2009, the Changwon District Court I rendered a voluntary decision to commence auction on the land among the instant real estate (hereinafter “instant land”). On October 16, 2009, the Defendant purchased the said land during the voluntary auction procedure.

E. On March 5, 2013, the decision to voluntarily commence the auction of the instant building among the instant real estate (hereinafter “instant building”) was rendered by the Changwon District Court J on March 5, 2013, and the registration of the entry was completed on the same day. The Defendant purchased the said building in the process of voluntary auction on March 31, 2014.

【Ground for Recognition: Facts without dispute, Gap evidence 1 through 6, 10, 15 respectively.

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