손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 97,185,909 and the interest rate of KRW 15% per annum from July 22, 2016 to the day of complete payment.
1. Facts of recognition;
A. At the time of June 15, 2007, the Defendant concluded a construction contract on the remodeling and extension of the instant building with C company registered as the owner of the building listed in the attached list (hereinafter “instant building”) as of June 15, 2007 (hereinafter “C company”) and commenced the said construction.
B. On November 3, 1994, the Plaintiff: (a) obtained a building permit for the instant building from the owner himself; and (b) filed a provisional disposition on July 4, 2008, with the obligor against the prohibition of occupation and transfer of the instant building (Seoul District Court Branch Decision 2008Kadan3666); and (c) on July 16, 2008, with the Daejeon District Court Branch Branch Branch Branch Branch Decision 2008, “the obligor shall suspend the construction work for the instant building and shall not transfer the possession of the instant building to another person” (hereinafter “the provisional disposition order”).
Accordingly, on July 25, 2008, an execution officer completed the execution by notifying one of the debtors of the purpose of the decision of provisional disposition of this case to H, and attaching a notice to the entrance door of the above building.
(hereinafter “this case’s provisional disposition”). (c) The execution of this case’s provisional disposition
The plaintiff filed a lawsuit against 6 persons including C, etc. on the ground that he/she himself/herself is the original acquisitor of the building of this case (the Daejeon District Court Decision 2008Gahap3773), and the Daejeon District Court rendered a judgment that the Daejeon District Court ordered six persons including C, etc. to deliver this case on June 26, 2009, and that the above order of delivery may be provisionally executed.
(hereinafter the above judgment is referred to as “the instant building name map judgment”). D.
Although six persons, including C, filed an appeal against the instant building name judgment (Seoul High Court Decision 2009Na5290), the appeal was dismissed on January 21, 2010, and six persons, including C, filed an appeal against the said appellate judgment (Supreme Court Decision 2010Da21238), and on May 27, 2010, the appeal was dismissed and filed on May 31, 2010.