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(영문) 부산고등법원 2015.04.23 2014나50913
유치권부존재확인
Text

1. Of the judgment of the court of first instance, the part concerning Defendant J Co., Ltd. in the judgment is modified as follows:

Defendant J Co., Ltd.

Reasons

1. Basic facts

A. Defendant I Co., Ltd. (hereinafter “Defendant I”)’s acquisition of the claim by Defendant I Co., Ltd. (hereinafter “Defendant I”) on April 23, 2010, Defendant I Co., Ltd. (hereinafter “L”).

B) On July 8, 2010, Defendant I concluded a contract with Co-Defendant B, C, D, E, F, and Company G (hereinafter “B, etc.”) to take over each of the following amount of the construction price claims as indicated below, and C accepted the transfer of each of the construction price claims on the same day, upon delegation of L’s right to notify the assignment of claims by content-certified mail. (2) Defendant I concluded a contract with the Co-Defendant B, D, E, F, and Company G (hereinafter “B, etc.”) on July 8, 2010.

Creditors’ Claim for Construction Cost (won) B 319,250,000 C 370,000,000 D 78,300,000 E 100,000,000 E 163,320,000 G 284,000 Co., Ltd. 284,000

B. Defendant J Co., Ltd. (hereinafter “Defendant J”)’s claims, etc.

Q Co., Ltd. (hereinafter “ Q”) that was the owner of Q

1) On June 14, 2007, the contract date for construction works: The contract date: the contract date: 1,500,000 won: the contract date for the construction works from June 14, 2007 to August 20, 2007: The additional construction costs and costs incurred due to the following reasons under the relevant laws and regulations were enacted or amended and required for construction of new type of construction or facilities (including materials), other than the cost required for construction works and structures, which are not attributable to Defendant J J - the cost required for the construction works due to inevitable reasons, such as the safety, etc. of construction and structures, which are not attributable to Defendant J J - the cost required for structural changes and other additional construction works due to price fluctuations - the cost increase due to the characteristics of the construction works before the cost increase due to changes or other fluctuations.

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