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(영문) 대구지방법원 서부지원 2018.02.23 2017가합873
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 7, 2014, the Plaintiff entered into a contract for the supply of construction materials to supply PHC files and stuffs to the construction site of the old-si 193-8 Construction Industry Development (hereinafter “the construction site of this case”) and the Plaintiff’s construction site of the old-si 193-8 “former 1 Industrial Complex Construction Project” (hereinafter “the construction site of this case”).

B. The Plaintiff asserted that the claim for the price for the goods for the development of the friendly industry reaches KRW 206,843,500, and has occupied the construction site of this case as a lien exercise from August 2016 to August 2016.

C. On June 25, 2015, Asian Trust Co., Ltd. completed the registration of ownership transfer on the instant building site (hereinafter “instant building site”) for reasons of trust as of June 23, 2015. On May 20, 2016, on the instant building site, the notice of public auction on real estate was issued.

Paragraph 4 of the above notification of public auction is a special article, and "this public auction may occur separately from the successful bid amount at the site where the construction has been suspended, which shall be adjusted to the buyer's responsibilities and expenses."

The defendant received a successful bid for the instant land at the public auction, and completed the registration of ownership transfer based on sale on September 19, 2016.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 4, 7, and 8 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 206,843,500 for the goods for the development of the friendly industry in accordance with the terms and conditions of the public sale in this case, and the damages for delay.

B. The defendant purchased goods from Asian Trust Co., Ltd. as goods for public sale, and the purchaser takes over the present state of the goods for public sale, and the reorganization of the existing interested parties (including lien, etc.) is responsible for the purchaser.

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