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(영문) 서울고등법원 2020.04.23 2019나2044287

배당이의

Text

1. The part of the judgment of the first instance against the plaintiff B shall be revoked, and the lawsuit of this case against the plaintiff B shall be dismissed.

2. The defendant.

Reasons

1. Basic facts

A. The composition, etc. of the instant claims group 1) F Co., Ltd. (hereinafter “F”).

A) On April 20, 2005, Sungnam-si, and F on April 20, 2005, G 6,563.8 square meters (hereinafter “instant land”) in Sungnam-si, Sungnam-si, the ownership of which is Sungnam-si.

2) On the ground, M cultural facilities with the size of the 3rd underground and the 6th ground level (hereinafter “instant building”).

2) As a matter of course, a contract for the donation of this case’s land and buildings to be used free of charge for twenty (20) years in return for the new construction and donation to Sungnam-si (hereinafter “instant donation contract”).

(2) On May 6, 2005, E Co., Ltd. (hereinafter “E”) concluded a construction contract with F or its contractor to perform stone construction works of the instant building, and performed contractual performance. However, on January 12, 2009, F was unable to pay the construction cost due to its aggravation of financial resources. Accordingly, E and the companies implementing the instant building construction project (hereinafter “E”) jointly occupied the instant building and exercised a lien.

3) On November 15, 2010, Sungnam-si filed a lawsuit against F seeking ownership transfer registration, building delivery, etc. on the ground of the instant donation contract (U.S. District Court 2010Gahap15413, 4). E, etc. organized a claim group (hereinafter “instant claim group”) for the purpose of early receipt of construction cost from Sungnam-si through the early termination of the instant lawsuit, the completion of the instant building and the adjustment of legal relationship, and the completion of the instant building. The representative of H Co., Ltd. (hereinafter “H”) whose representative director is Plaintiff B (hereinafter “the instant claim group”). The instant claim group jointly shares expenses necessary for the receipt of the claim for construction cost from Sungnam-si.