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(영문) 서울고등법원 2020.02.20 2019나2008120

토지인도

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1. The defendants' appeal and the request for return of provisional payment are all dismissed.

2. The appeal cost and the expenses for the application for the return of the original supplies.

Reasons

Basic Facts

Defendant E established and owned the instant model voucher in part of the instant land and its ground.

On June 7, 2016, Defendant E, a creditor of Defendant E, filed an application for compulsory auction, and there was a decision to commence compulsory auction on the instant land (U.S. District Court J case, hereinafter “instant decision to commence compulsory auction”), and H association (hereinafter “H association”) filed an application for voluntary auction, and there was a decision to commence voluntary auction on the instant land around September 8, 2016.

(L) Around November 15, 2016, the Plaintiff acquired the right to collateral security established around June 15, 2015 with respect to the instant land from HF association (hereinafter “L”) and on March 13, 2018.

In the auction procedure described in subsection (1), the instant land was awarded to the owner, and the owner was the owner after full payment of the purchase price was made on April 30, 2018.

L on April 30, 2018, the Plaintiff completed the registration of ownership transfer on the instant land due to the trust held on April 24, 2018.

Defendant B, upon receiving a contract from Defendant E as indicated in the table below, performed removal works, civil engineering works, printing team works, and earth and sand works (the combination of each of the above works, hereinafter “instant works”). The Defendants agreed that the instant construction works shall be suspended on the same day and the contract shall be terminated on February 20, 2016. Within one month, Defendant E shall settle the construction cost to be paid to Defendant B in accordance with the flag altitude and pay it within three months from the date of the termination of the said agreement, and in the event of violation, Defendant B may refuse to deliver the said construction site by exercising the lien.

(hereinafter “Termination of the instant construction contract”). The construction period of Nos. 1 and 10,000 for the construction date of the construction order, and November 24, 2014, when the construction is named, shall be the construction cost of Nov. 24, 2014 (Commencement of Construction) and April 30, 2015 (Completion of Construction).