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(영문) 서울동부지방법원 2015.11.20 2014가합13189
유치권부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

C, D, E, F, G, H, I, J, K, L, M, and N (hereinafter referred to as “C, etc.”) are co-owners and co-owners of the same ground row housing in Bupyeong-gu Incheon Metropolitan Government 634.1m2 (hereinafter referred to as “instant land”).

P et al. removed the above row housing and newly constructed the 14th floor building on the ground of the instant land (hereinafter “instant building”), a Q reconstruction association was organized around June 2004.

The instant building was completed on January 24, 2008 and was approved for use.

On February 1, 2008, the registration of preservation of ownership was completed in the name of Cheongchin Co., Ltd. on February 1, 2008 (hereinafter “Cheongchin”) on the instant building under the name of Dongchin Co., Ltd. (hereinafter “Dongju”).

On February 1, 2008, the registration of ownership transfer was made on February 1, 2008 under the name of Korea Land Trust Co., Ltd. (hereinafter “Land Trust”).

On October 29, 2014, land trust announced the public auction of the instant building.

The Defendant filed a lien (hereinafter referred to as “instant lien”) against the instant building by asserting that “the construction cost of KRW 3.5 billion has been claimed.”

On March 23, 2015, the land trust sold the instant building to the COSEM Co., Ltd., Ltd., the buyer, and concluded a sales contract with the COSEM in KRW 1,629,938,200 on the 25th day of the same month.

The parent of the course completed the registration of ownership transfer on May 22, 2015, while completing the registration of ownership transfer on the instant building on May 29, 2015.

On November 15, 2013, the Plaintiff’s claim against C, etc. was sentenced by this Court (201Gahap151), “C, etc., shall pay to the Plaintiff KRW 19,727,168, respectively, and delay damages therefor.”

However, the Plaintiff participated as an independent party in full in the claim for the construction cost against C, etc., and K is against R around June 2006, and F is against S on February 2, 2007.

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