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(영문) 수원지방법원평택지원 2016.01.08 2015가합1422
유치권부존재확인
Text

1. The Defendants reported their respective rights regarding Suwon District Court Suwon District Court C and D (combined) real estate auction cases.

Reasons

1. Facts of recognition;

A. Defendant A is the trade name of Defendant E (Defendant A’s wife F), Defendant B is a person who runs each construction business under the trade name of Defendant G, and H is the owner of each land listed in the separate sheet (hereinafter “each land of this case”).

B. On June 8, 2011, Defendant B entered into a standard contract for construction cost of KRW 572,000,000 with respect to the construction work of each of the instant land, and entered into a construction work from around that time to July 2012. Defendant A entered into a civil construction work, including the lower part of retaining walls and site rearrangement, with respect to each of the land listed in the separate sheet from February 2014 to July 2014.

C. On August 20, 2014, the Plaintiff, as a mortgagee, applied for a discretionary auction of real estate regarding each of the instant lands on August 20, 2014, and was issued a decision to commence the auction of real estate on August 21, 2014.

(C) After this Court, separate auction cases (this Court D) were merged.

(hereinafter collectively referred to as “instant auction”). D.

On March 9, 2015, Defendant A reported the right of retention with the secured claim of KRW 174,130,000, the cost of the civil construction works in the instant auction court, and Defendant B reported the right of retention with the standard construction contract form for the private construction works, which is the cost of construction work 572,00,000, June 3, 2015.

E. As a result of the instant auction on August 28, 2014, the instant auction court conducted a survey on the current status of real estate regarding each of the instant land, each of the instant land was suspended for the purpose, and was not identified as the possessor’s possession relationship as it was not possible. On November 5, 2014, even around November 5, 2014, the status similar to that at the time of the survey on the current status.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, Eul evidence 1 to 3, Eul evidence 8 (including each number; hereinafter the same shall apply), Gap evidence 6 video and the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is not clear whether the Defendants actually carried out each construction work, and the construction cost claim in each of the instant land.

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