부당이득금
1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts constituting the basis of the case
A. On October 19, 2009, the Plaintiff was awarded a contract for construction of a building of 2 underground and 10 stories above the ground in the land of this case, the construction of a new building of 851-2 large scale of 703 square meters on the ground, Jung-gu, Young-gu, Seoul Special Metropolitan City (hereinafter “CMM”) from CMC Co., Ltd. (hereinafter “CM”), and CM had suspended construction while the construction was being carried out, while CM had been carrying out only the underground ground-breaking and underground sn beaming construction, but it was subsequently suspended construction and exercised a lien against the above construction site while the construction was completed only after the completion of the sub-trial construction on the underground floor.
B. On April 22, 2011, the Gyeonggi Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”) completed the registration of ownership transfer in its name with respect to the instant land, and the same year.
5. 13. The change of the name of the owner who is the owner of the building in question was made for the new building.
C. On July 1, 2013, the Seoul Central District Court declared bankruptcy against the Gyeonggi Savings Bank (2013Hahap88), and the Defendant was appointed as the bankruptcy trustee.
On October 14, 2013, the Defendant taken over the instant lawsuit.
On August 28, 2014, the Plaintiff reported the bankruptcy claim of KRW 634,012,50 with the right of retention as the content of the right at the claim inspection date of the bankruptcy case, and the Defendant raised an objection thereto.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 2 (including branch numbers if there are branch numbers), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The gist of the Plaintiff’s assertion is that the Plaintiff, as seen above, is exercising a lien on the construction site while the Plaintiff was awarded a contract with CM to construct a building on the instant land and the CM has suspended the construction due to the dishonor of CM.
However, if the plaintiff collects the beam beamline and the temporary materials installed at the above construction site, the collapse incident may occur.