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(영문) 서울북부지방법원 2018.08.14 2017나3237

구상금

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who runs the sales business of building materials in the name of “E”, and Defendant C is a person who performs subcontracted construction, such as the pel Corporation (hereinafter “instant construction”) among the construction works of G apartment (19 households) and commercial buildings (hereinafter “each of the instant real estate”) on the ground of the F-gun, Chungcheongnam-do, Seoul Special Metropolitan City, and two lots (hereinafter “instant construction”) constructed by a limited partnership company specifications (hereinafter “D”). Defendant B and D are investors who invested in the original construction for the purpose of distributing the sales proceeds after the instant construction.

B. The registration of ownership preservation was completed on June 8, 201 in the name of Jeju Construction on each of the instant real estate.

C. From November 2010, H Co., Ltd. (hereinafter “H”) supplied construction materials necessary for the instant construction to the original construction through I, the Plaintiff’s birth. From July 201, 201, H did not receive KRW 18,331,700 from the original construction.

On July 201, H filed an application for provisional seizure of real estate with respect to the commercial building No. 201 (hereinafter “instant commercial building No. 201”) among the buildings newly constructed by the instant construction as the preserved right by using the Jung-gu District Court 201Kadan4173 as the preserved right. On July 21, 2011, H filed an application for provisional seizure of real estate with respect to the said provisional seizure (hereinafter “instant provisional seizure”). On July 21, 2011, the said court rendered a decision to accept the said application for provisional seizure (hereinafter “instant provisional seizure”).

Accordingly, on July 22, 2011, the above provisional attachment registration was completed with respect to No. 201 of the commercial building building of this case.

E. However, around December 2011, there was a problem that should change the ratio of the title to the site (area) among the matters to be registered with respect to each real estate of this case, and the side of the original construction requires the consent to change the ratio of the right to the site of a provisional seizure creditor, etc. whose entry is registered with respect to each real estate of this case.

F. Accordingly, the Defendants visiting H on January 14, 2012 to J, the representative director of H, set forth in 201 of the Commercial Building Act.