제3자이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. A. Around May 9, 2006, the defendant (former trade name: Hosan Construction Co., Ltd.) entered into a contract for construction works with the content that the building “F” of the first and the sixth floor above ground level (including value-added tax) is newly constructed in Seo-gu, Daejeon (hereinafter “instant building”) around KRW 6,050,000 for the construction cost, and agreed on May 29, 2008 to increase the construction cost to KRW 6,60,000 (including value-added tax) for the construction cost, and completed the construction of the instant building on August 1, 2008.
B. On December 10, 2008, upon the application for the auction of real estate by the Korea Exchange Bank, Korea Exchange Bank, a collateral security right holder of the instant building, etc., the auction procedure was commenced as G with Daejeon District Court on December 10, 2008 (hereinafter “instant auction procedure”). The Defendant reported the lien on the instant building, etc. as the secured claim on January 16, 2009 at the instant auction procedure with the amount of KRW 4,495,00,000 as the construction price claim on January 16, 2009.
C. However, on July 30, 2009, the Effective Comprehensive Construction Technology Corporation Co., Ltd. (hereinafter “Filisung Construction Technology Corporation”) began to occupy the 2nd and 3th floor of the instant building, as indicated in the separate sheet, and B, C, and D, August 8, 2009, with the exclusion of the Defendant respectively.
On February 2010, the Defendant applied for provisional disposition that prohibits the transfer of possession of the second and third floors of the instant building to D as the Daejeon District Court 2010Kahap145, Daejeon District Court 2010Kahap224, on the basis of the right of retention and right of possession of the instant building and the right of claim for the return of possession of the object to be preserved, and that the Defendant applied for provisional disposition that prohibits the transfer of possession of the second floor of the instant building to D as the same court 2010Kahap224. The said court accepted the application for provisional disposition on February 17, 2010 and March 5, 2010, and the Defendant completed the execution on February 24, 2010 and March 11, 2010.
E. Since then, the Defendant around April 2010 (hereinafter “B, etc.”) includes B, C, D, and enzymmetrics.