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(영문) 전주지방법원 2017.05.12 2013가단22463
유치권확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) C Partnership Co., Ltd.: (a) on July 18, 2006, it is called as Do, E, and ground buildings (hereinafter “instant building”); and (b) on July 18, 2006, it is called 'the basement floor, 1st floor, and 3th floor of the instant building.’

(2) On September 4, 2012, the compulsory auction procedure for the instant building was commenced to G with the Jeonju District Court G on September 4, 2012 upon a lessee F’s application for compulsory auction, who had resided in No. 207 of the instant building, and on February 4, 2013, the voluntary auction procedure for the instant building was commenced to the Jeonju District Court I on February 4, 2013 upon the application of H’s voluntary auction.

(B) Around September 2006, the Plaintiff and the Plaintiff’s right of retention completed the registration of ownership transfer on June 7, 2013 with respect to the instant building at the instant auction procedure (hereinafter “instant auction procedure”). Around September 2006, the Plaintiff and the first floor of the instant building (the Plaintiff’s right of retention) entered into a contract (the construction amount of KRW 450,500,000,00) for the electric construction and the third floor of the instant building (the two households), changing the “public bath” of the instant building to the “factory”; and the “the shelter machinery room of the underground floor” into a contract for the electric construction and the installation of the third floor (the construction amount of KRW 450,500,000).

2) On January 3, 2013, the Plaintiff reported a lien with the content that “the instant building is attracting the instant building because it was not paid the construction cost of KRW 200 million to the underground floor and the first floor of the instant building,” and on June 21, 2013, the Plaintiff reported a lien with the effect that “the instant building is attracting the instant building because it was not paid the construction cost of KRW 65 million to the third floor of the instant building,” to the court of auction.” [Grounds for recognition] There is no dispute over the facts that there is no dispute, Gap 1, 2, and 3 evidence (including the temporary number, hereinafter the same shall apply).

written evidence Nos. 2, 6, and 7 and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s summary of the Plaintiff’s assertion is from C.C.

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