손해배상(기)
1. The Defendant’s KRW 17,310,376 as well as 5% per annum from May 3, 2018 to December 13, 2018 to the Plaintiff.
1. Facts of recognition;
A. On May 29, 2009, according to creditor subrogation, D Co., Ltd. (hereinafter “Nonindicted Company”) completed the registration of ownership transfer claim on July 13, 2009 with respect to the buildings indicated in the separate sheet (hereinafter “instant building”) the registration of ownership transfer claim was completed under the name of C Co., Ltd. (hereinafter “Nonindicted Company”).
B. After having received a provisional registration from D Co., Ltd. on November 23, 2009, the Plaintiff completed the registration of ownership transfer on November 12, 201 on the instant building due to payment in kind as of May 9, 201.
C. Around March 22, 2010, Defendant, E, F, G, H, and I concluded a contract for each construction work with the Nonparty Company and suspended the construction work due to delay in the payment of the construction cost during the construction of the instant building.
From May 21, 2010, the Defendant began to occupy the first and second floors of the instant building in order to secure the claim for construction cost against the non-party company.
The Defendant occupied the instant building parts with other construction business operators, including E, F, G, H, and I, and reported the lien in the auction procedure.
The rest of construction business operators except the Defendant had released possession by mutual agreement with the Plaintiff from among the following process of delivery of the building.
E. The Defendant’s claim for the construction price of the instant building was rendered on February 17, 2016 and the judgment became final and conclusive on March 11, 2016, on the ground that the Defendant’s claim for the construction price of the instant building became final and conclusive around May 21, 2010, when the Defendant ceased construction and exercised the right of retention, and around May 21, 2013, when three years elapsed thereafter.
(Cheongju District Court 2014Gahap907). On March 31, 2016, the Plaintiff completed delivery execution against the Defendant on the first and second floors of the instant building.
The Plaintiff appears to have used the first and second floors of the instant building from May 21, 2010 to March 31, 2016 as its office, etc.
[Evidence Evidence] without dispute, A1 to 3.