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(영문) 창원지방법원 2020.11.20 2020나51997
유치권 부존재 확인
Text

The appeal by the defendant (appointed party) is dismissed.

Expenses for appeal shall be borne by the defendant (appointed party).

purport, purport, and.

Reasons

1. The grounds for appeal by the defendant (appointed party, hereinafter "the defendant") cited in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance. In addition to the whole purport of the evidence submitted in the court of first instance, the fact-finding and judgment by the court of first instance is justifiable.

[The defendant and the designated parties asserted that they occupied the land of this case by installing two containers prior to September 6, 2018, which was the date of the decision to commence the voluntary auction of the land of this case, and installing a ice system such as Ababab, etc. at the entrance of the land of this case, and using a flab card during the exercise of the lien. However, the evidence submitted by the defendant alone that the defendant occupied the land of this case prior to the decision to commence the voluntary auction of this case, or that the possession alleged by the defendant is an exclusive possession as a requirement to establish the lien. Further, the defendant's and the designated parties' claims are not related to the land of this case, but to the land of this case as claims related to the land of this case such as the construction cost of the public works of this case (the designated corporation N), the lease cost of equipment such as pumps, steel or materials, labor cost of trees, meal, and construction cost of the building of this case, etc., which are subject to the lien. However, the defendant's assertion that most of the land of this case is claimed.

Since it is difficult to see that the relation of relation with the land of this case is recognized, each of the above claims asserted by the defendant cannot be the secured claim of the right of retention.

All of the defendant's arguments are accepted.

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