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(영문) 서울고등법원 2016.06.16 2015나2062614
유치권확인
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff (Counterclaim defendant)'s plaintiff (Counterclaim plaintiff)'s succeeding intervenor.

Reasons

1. In the first instance trial, the Plaintiffs filed a lawsuit seeking the confirmation of lien against the Defendant, and the Defendant brought a counterclaim against the Plaintiffs: (i) to leave the container stuff; (ii) to remove containers stuffs; and (iii) to claim the delivery of the site for container stuffs.

The judgment of the first instance dismissed the plaintiffs' principal lawsuit, and accepted only the claims against the plaintiff, and dismissed each claims against the plaintiff, the others, the others, the others, the others, the claims, and the plaintiff B.

Therefore, since only the plaintiffs appealed, and the defendant succeeding intervenor participated in the trial, the scope of the trial of the party is limited to the part of the plaintiffs' claim and the part of the claim against the plaintiff succeeding intervenor A among the counterclaim against the plaintiff succeeding intervenor Gap.

2. Basic facts

A. C Co., Ltd. (hereinafter “C”)’s right to use a free parking lot

(A) Around October 1998, the Plaintiff appears to include part of the area of F 1,615 square meters in Guro-gu Seoul, Guro-gu, Seoul, including 13,05 square meters in H maintenance, 1,326 square meters in I rivers, and 1,385 square meters in the instant land.

C) On October 2006, C completed the parking lot on the above F (hereinafter “instant parking lot”) and obtained permission to use the said parking lot free of charge from Guro-gu Office from August 14, 2000 to August 13, 202.

B. Transfer of the status between the Defendant and the Intervenor 1) C was declared bankrupt by the Seoul Central District Court (2013Hahap134) on March 25, 2014, and the Defendant was appointed as C’s bankruptcy trustee. 2) On January 11, 2016, when the instant lawsuit was pending, the Defendant’s right to operate the instant parking lot from the Defendant.

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