배당이의의소
1. The plaintiff's appeal and incidental appeal of defendant C, D, E, and F are all dismissed.
2. The appeal costs are assessed against the Plaintiff.
1. Facts of recognition;
A. A. On October 199, H decided to construct a bath building on the ground of 738.7 square meters in Mayang-gu, Manyang-gu, Manyang-gu, and K 2 lots of land owned by H, and decided to establish an I Co., Ltd., a construction company (hereinafter “I”) for the construction of a bath building.
H entered into a construction contract between I and I on March 2000, which constructs a bath building of the first and fourth floor above the above land.
I concluded a subcontract for electrical construction, installation, interior works, etc. during the construction with subcontractor including the plaintiff.
B. On July 5, 2001, the Plaintiff and the subcontractor filed a lawsuit against H on July 5, 2001, claiming the payment of the construction cost under the Suwon District Court 2001Kahap8106, with the Suwon District Court 2003Kadan1087, the Suwon District Court 263,766,228, the claim amount of which is KRW 663,76,228, the Plaintiff and the subcontractor filed an application for provisional attachment against H 6 U.S. 14, 2003 (hereinafter “instant land”). < Amended by Presidential Decree No. 18068, Jul. 14, 2003>
C. On May 31, 2002, the plaintiff and the designated parties lost the above lawsuit. On August 14, 2003, the appellate court (Seoul High Court 2002Na41635) rendered a partial favorable judgment that "H shall pay to the plaintiff 438,296,62 won and damages for delay." While H appealed appealed against the above appellate court judgment, the appeal was dismissed and finalized on May 14, 2004.
On the other hand, as Cheongju District Court 201Kahap236, Cheongyang-gu J, K and its ground buildings owned by Ha, the provisional attachment registration was completed on April 11, 2001 according to the provisional attachment order, and on May 23, 2001, Ha filed a lawsuit against Ha seeking the payment of the construction cost against Ha on August 26, 2004 (Seoul High Court 2003Na3487), and Defendant A received a favorable judgment (Seoul High Court 2003Na3487), and Defendant A executed the provisional attachment.