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(영문) 서울서부지방법원 2016.01.28 2015가합30961
유치권부존재확인청구등
Text

1. It is confirmed that the defendant's lien does not exist with respect to the real estate listed in the attached list.

2...

Reasons

Basic Facts

The Plaintiff is the owner of the aggregate building (hereinafter referred to as “instant building”) located outside Seo-gu Incheon, Seo-gu, Incheon (hereinafter referred to as “instant real estate”) and located in one parcel, including the real estate listed in the attached Table (hereinafter referred to as “instant real estate”).

The fact that the plaintiff is the owner of the building of this case does not dispute between the plaintiff and the defendant.

On May 9, 2014, the plaintiff is "gelfel" or "gelfel" or "gelfelf" or "gelfelf".

(2) On December 15, 2014, the instant real estate leased the instant real estate to the Plaintiff, and the golf bar operated a golf driving range and a fitness. On or around December 15, 2014, the golf bar terminated the instant lease agreement and removed from the instant real estate. C leases the instant real estate from the Plaintiff on or around December 15, 2014, and operates a golf driving range, etc. Around April 2014. The Defendant completed the construction of a banner by being awarded a contract with D, E, etc. with respect to the instant real estate. On December 21, 2014, the Defendant installed a banner to the effect that the instant real estate is under the exercise of the right of retention on the instant real estate attached, and on the 26th of the instant building, the Defendant installed a banner to the effect that the instant banner is under the exercise of the right of retention (hereinafter the same shall apply). On January 9, 2015, the Defendant did not have any dispute over the instant building number 1 through 15).

A person who possesses an article or securities of another person in the judgment of the purport of the whole pleadings has the right to retain such article or securities until payment is made, if the obligation arising with respect to such article or securities is due (Article 320(1) of the Civil Act and Article 320 of the Civil Act and Article 320 of the Civil Act).

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