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(영문) 서울동부지방법원 2018.12.05 2018가단116997

손해배상(기)

Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 15, 2004, D and E (hereinafter “D, etc.”) entered into a subcontract with F Co., Ltd. to obtain a subcontract for a new I-built construction project, which is the H neighborhood living facilities and tenement houses in Gwangjin-gu Seoul Special Metropolitan City, which the said company received from G, and the Plaintiff was a person who re-subcontracted with D, etc. to perform the construction project, which is a part of the said construction project, by obtaining a subcontract for the construction project.

(A) The Plaintiff had a claim for the construction cost of KRW 24,068,00,000. However, the above claim expired from June 10, 2005 to June 10, 2008 after the lapse of the three-year extinctive prescription period.

D, from June 7, 2005 to June 7, 2005, attached a public notice of "the lien is exercised from June 7, 2005, as it was impossible to receive the construction cost from the owner of the above I Building J (hereinafter "the loan of this case")," and continued possession until May 2014.

C. Meanwhile, Defendant C, the mother of Defendant C, was awarded a successful bid for the instant loan in the process of voluntary auction on January 4, 2007, and completed the registration procedure for transfer of ownership in its name from G, the former owner of the instant loan, and Defendant C was delegated by Defendant B to manage the instant loan.

Upon the designation of the sale date on August 6, 2012 in the auction procedure of K Voluntary Auction procedure of the Seoul Eastern District Court concerning the loan of this case, which was commenced on September 29, 2010 upon the application for the auction of real estate under the above lien of D, etc., the Defendant L filed a lawsuit of objection to the claim, and subsequently suspended the auction procedure after receiving a decision of suspension of compulsory execution. However, when the auction procedure that was suspended in favor of D, etc. was resumed, on April 10, 2014, the Seoul East East District Court 2014Gahap102577, which filed a lawsuit for confirmation of non-existence of the lien of D, which filed a request for auction, and suspended the auction procedure after receiving the decision of suspension of compulsory execution.

E. On May 25, 2014, around 18:00, the Plaintiff destroyed and damaged the unmanned guard system installed by D, etc. on the loan of this case.