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(영문) 대전지방법원천안지원 2016.09.23 2015가합101941
약정금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) The status of the parties, etc. 1) The building “E” (hereinafter “instant building”) which is a reinforced concrete structure (refinite) 3 floors underground and 9 floors above ground located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu.

As an aggregate building, section for exclusive use is only No. 101 of the first floor (hereinafter referred to as “No. 101”), and the remainder of the partitioned buildings shall also be indicated in the same manner.

(2) Since December 31, 2010, the Plaintiff filed a lien on the instant building and claimed a lien on the instant building since the date of voluntary decision on commencement of construction as set forth in subparagraphs 102, 103, 104, 201, 202, 301, 302, 401, 501, 601, 701, 702, 703, 801, 901, and 901. (2) Since 2008, the Plaintiff was mainly engaged in the building demolition business, construction business, etc., the Plaintiff was running the instant new building from around 208. As to the instant building without receiving the construction cost from the owner, the Plaintiff filed a lien report and claimed a lien on the instant building after December 31, 2010.) The Defendant B was the husband of the building that was awarded a successful bid.

B. Voluntary auction of the instant building and acquisition of Defendant B’s ownership 1) On August 24, 2009, the National Agricultural Cooperative Federation of Korea (hereinafter “CF”) is the National Agricultural Cooperative Federation of Korea on August 24, 2009

(2) On July 7, 2010, the establishment registration of the instant building was completed due to the maximum debt amount of 6.5 billion won. On the same day, the Agricultural Cooperatives Federation applied for voluntary auction of the instant building to F of this Court based on the foregoing right to collateral security, and on the same day, the registration of the decision to commence voluntary auction was completed. (2) UAW was awarded the instant building on November 16, 201 during the said voluntary auction procedure, and completed the registration of ownership transfer on the instant building on December 2, 201.

3 UAW sold the instant building to Defendant B on June 10, 2013, and Defendant B sold it on July 30, 2013.

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