건물인도 등
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On September 28, 2006, D Co., Ltd. (hereinafter “D”) contracted a new construction work of real estate in the attached list (hereinafter “the instant building”) from an unaware Pamp Co., Ltd. (hereinafter “SP”) to the Plaintiff Company, and subcontracted the electrical construction part to the Plaintiff Company, respectively.
B. Around May 2008, the Ma and the Plaintiffs were not paid the construction price due to the default of payment, and the construction was suspended.
Accordingly, D and the plaintiffs continuously occupied the construction site without delivering it to the artificial drugs, and exercised the lien.
C. On March 19, 2009, the creditor of the sexual medicine, brought a lawsuit to confirm the existence of the lien against D and the plaintiffs on March 19, 2009.
Seoul High Court rendered a judgment on February 3, 2012 that “The lien on the instant building shall not exceed the amount calculated by the rate of 6% per annum from May 29, 2008 to the date of full payment of the secured claim 1,067,868,500 won and the lien on the instant building shall not exceed the amount calculated by the rate of 6% per annum from May 29, 2008 to the date of full payment, and it shall be confirmed that the secured claim 63,00,000 won are not in excess of the secured claim 80,000,000 won against the Plaintiff to the extent recognized to D,” and the above judgment was finalized on June 8, 2012.
On the other hand, on July 29, 2008, the voluntary auction of the building of this case was commenced in Suwon District Court E on July 29, 2008
At the above auction procedure, D and the plaintiffs reported the lien, and the defendant acquired the ownership by winning the building of this case on January 23, 2014.
The Defendant leased the instant building and its site to F Co., Ltd. F (hereinafter “F”) on the same day, and currently F occupies the instant building.
[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1 through 5, 8, 11, and Eul evidence Nos. 10 and 11 shall be included.