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(영문) 전주지방법원군산지원 2019.04.26 2018가합314
유치권 부존재 확인
Text

1. We confirm that there is no lien on the Defendants with respect to F. F. 1,752m2.4m2 in the following cities:

2...

Reasons

1. Basic facts

A. On April 23, 2014, the Plaintiff, who acquired the instant land, registered the creation of a neighboring mortgage with the maximum debt amount of KRW 800 million with respect to F. F. 1,752m24m2 (hereinafter “instant land”), the ownership of G Co., Ltd. (hereinafter “G”).

B. The Defendants’ supply and demand of the instant new construction works 1) G is Defendant E Co., Ltd. (hereinafter “E”) on October 16, 2014.

2) On the ground of the instant land, H building on the ground of the instant land (hereinafter “instant building”).

(2) On November 18, 2014, the contract amount of civil works and construction works among new construction works (the contract amount by type of civil works: KRW 1.5 billion, KRW 5.8 billion, separate from value-added tax), October 24, 2014, and June 23, 2015, the contract amount of the civil construction works among the new construction works was changed to KRW 1.1 billion (including value-added tax) and June 23, 2015, the contract amount of the new construction works among the new construction works was changed to KRW 1.1 billion (including value-added tax) and the completion date of completion of completion of completion of completion of completion of completion of completion of completion of completion of completion of the new construction works to Defendant D Limited Liability Company (hereinafter “Defendant D”) for the land of this case as the contract amount of the new construction works, KRW 748 billion (including value-added tax), and the period of construction from November 28, 2014 to the date of completion of construction works.

3) On February 27, 2015, G: Defendant C Limited Company (hereinafter “Defendant C”)

) On March 2, 2015, the contract amount of the remaining construction works excluding the civil engineering works already completed (including value-added tax), March 2, 2015 (applicable from the completion date of the civil engineering works) and February 26, 2016 (the same period of time and the date of completion of the completion of the new construction works). Defendant C concluded a contract separately for the same period of time and the date of completion of the new construction works. From March 2, 2015 under the instant construction contract, Defendant C continued construction works and completed construction works for steel processing of the second underground floor and the first underground floor.

C. On October 20, 2015, the decision to commence compulsory auction on the instant land was rendered upon the request of I, a creditor of G in the first auction procedure on the instant land.

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