필요비
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On July 30, 2004, the Plaintiff entered into a contract for extension and large-scale repair work (hereinafter “the instant construction work”) with Sejong-si, Co., Ltd. with the effect that the building of a hotel among each of the instant real estate as indicated in the separate sheet (hereinafter “each of the instant real estate”) shall be extended and repaired, and the building of a hotel shall be removed and the electricity and broadcasting facilities for hotels and fire-fighting facilities shall be installed on the underground, and a parking lot and street, etc. shall be installed on the ground to open a new hotel. For the purpose of opening a new hotel, the construction period shall be from August 23, 2004 to August 30, 2005; the construction cost shall be KRW 18,895,800,000, and the construction cost shall be KRW 18,895,800,000 on the basis of the weather.
B. While the Plaintiff was running a construction project by investing funds from around August 2004 pursuant to the instant construction contract, the Plaintiff demanded payment of construction cost, etc. according to the fixed rate between June 2005 and September 29, 2006, but did not receive it. Since March 2005, the Plaintiff suspended the important construction work, and exercised the right of retention (hereinafter “the instant right of retention”).
C. On the day before the day when a mutual savings bank, which was a mortgagee of each of the instant real estate, applied for an auction to exercise the right to collateral in order to recover the secured claim, and the mutual savings bank, which was a applicant creditor, acquired ownership by purchasing each of the instant real estate on August 18, 2006 and paying the purchase price.
After that, the bankruptcy was declared on August 17, 2010 for a mutual savings bank (the Jeonju District Court 2010Hahap1), and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.
On December 12, 2006, the Plaintiff applied for an auction on each of the instant real estate based on a lien.