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(영문) 서울남부지방법원 2016.08.11 2016가합234
유치권 확인
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is the owner of the land of Guro-gu Seoul Metropolitan Government D river and the instant land, and Guro-gu Seoul Metropolitan Government is the owner of the land of 13,055 square meters for E maintenance.

B. On October 7, 1998, Guro-gu Seoul Metropolitan Government selected Taesung Heavy Industries Co., Ltd. (hereinafter “Seong Heavy Industries”) as a private capital inducement business entity with respect to the installation and operation of the detention reservoir utilization facilities in Guro-gu Seoul Metropolitan Government CF reservoir 1,615 square meters (hereinafter “instant detention reservoir”). The said detention reservoir included part of the instant land E maintenance 13,055 square meters, D river 1,326 square meters, and each of the instant land).

According to the agreement between Guro-gu Seoul Metropolitan Government and Taesung Heavy Industries, Taesung Heavy Industries constructed a parking lot in the above reservoir and donated it to Guro-gu Seoul Metropolitan Government and used the above parking lot free of charge for 20 years.

C. On October 2006, Taesung Heavy Industries completed the parking lot on the instant reservoir (hereinafter “instant parking lot”) and donated the said parking lot to Guro-gu Seoul Metropolitan Government around July 2010.

On July 19, 201, the head of Guro-gu Seoul Metropolitan Government granted permission for the use of the instant parking lot from August 14, 200 to August 13, 2020 to the Taesung Heavy Industries.

[Ground of recognition] Facts without dispute, Gap 1, 18 through 20, 24, 27 evidence (including each number, if any; hereinafter the same shall apply), Eul 1 to 10 evidence, and the purport of the whole pleadings

2. The plaintiffs asserted that they are the creditors of the construction cost who received a contract for the instant parking lot construction from Taesung Heavy Industries, etc.

Plaintiff

B entered into an agreement with Plaintiff A on December 7, 2004 on the exercise of the right of retention, and Plaintiff A, as an occupation assistant and lien holder of Plaintiff B, has been occupying the instant land by installing a container on the instant land and filing a moving-in report.

After the bankruptcy of the Taesung Heavy Industries, Honno Services Co., Ltd. purchased the instant parking lot operation right, etc. were removed and removed from the said container.

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