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(영문) 대전지방법원 2015.10.21 2014가합106728
유치권부존재확인
Text

1. Ascertainment that the defendant's lien does not exist with respect to each real estate listed in the separate sheet.

2...

Reasons

Basic Facts

On May 22, 2013, the Plaintiff, including the Plaintiff’s application for the registration of the establishment of a neighboring mortgage and the auction thereof, completed the joint establishment of a neighboring mortgage of KRW 910 million with respect to each real estate listed in the separate sheet owned or owned by B, B, and C (hereinafter “each land of this case”).

On May 16, 2014, the Plaintiff filed an application for the commencement of voluntary auction with respect to each of the instant land, and rendered a judgment of voluntary commencement of auction to Daejeon District Court E, and on May 19, 2014, the registration of voluntary commencement of auction was completed.

(hereinafter referred to as “instant voluntary auction procedure.” On November 21, 2012, B, including the Defendant’s construction and lien report, obtained permission from the head of the Dong-gu Daejeon Metropolitan City, from the head of the Dong-gu, for the new construction of warehouse on each of the instant land (hereinafter “instant new construction”) and filed a report on the commencement of construction on December 5, 2012.

Around January 9, 2013, the Mining Exploitation Development Co., Ltd., a contractor of the instant new construction, contracted the Defendant with access road packing works, surrounding stone storage works, and water pipes construction works (hereinafter “instant civil construction works”) for the construction of a warehouse.

On June 26, 2014, the Defendant reported the right of retention to the effect that, as a result of the execution of the civil works of this case in the voluntary auction procedure of this case, there is a claim for construction cost of KRW 500 million, and that there exists a lien on each land of this case

The real estate status report prepared on May 23, 2014 and May 26, 2014 as the result of the investigation of the current status of real estate conducted by an execution officer on May 27, 2014 in the voluntary auction procedure of this case as to each of the instant land, stated that “the road and the stone axis are opened on the land under construction for the ground conversion, and the possession and lease relationship are the unclaimed.”

【Ground of recognition” has no dispute, each entry of Gap 1 through 4 (including partial number of each head of each unit), the fact-finding results to the head of the Daejeon Metropolitan City Dong-gu, and the purport of the whole argument of the plaintiff.

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