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1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiffs' claims against the defendant are all dismissed.
Reasons
1. Basic facts
A. On July 11, 1997, the plaintiffs completed the construction work for the construction of neighborhood living facilities and accommodation facilities under the name of GJ company D, and completed the construction work on March 18, 1998, and completed the inspection of use on March 18, 1998. Since around June 2, 1998, the plaintiffs did not receive construction payment of approximately KRW 4,590,000,000 as of June 2, 1998.
Attached Form
Each real estate listed in the list (hereinafter referred to as the “instant telecom”) is used as a telecom with the fourth and fifth floor of the said new building.
(A) On January 26, 1998, on the basis of the claim of KRW 4,500,000,000 against G Co., Ltd., G Co., Ltd. for KRW 4,50,000 among the claim of KRW 4,50,000,00, the Plaintiffs received an order of seizure and assignment of the claim of KRW 4,50,000 among the claim of KRW 4,50,00,00. The claim attachment and assignment order of this claim became final and conclusive around that time (A 3). The Plaintiffs, around June 30, 1998, filed a lien with D Co., Ltd. for the payment of the entire claim for the construction cost, and filed a registration of business under the names of the Plaintiffs, and commenced the accommodation from that time after that time.
(A) 2) The Plaintiffs first reported on the business of general accommodation (type of business: inn: in the name of the Plaintiffs) in the name of the Plaintiff, and thereafter changed the name of the business operator to Q (the fourth dong of Plaintiff A) on November 10, 2004 and E (the mother of Plaintiff A) on October 30, 2007 (A7). (b) A Co. 1, Ltd. (1), around 2005, entrusted the real estate security trust for the said new building in the Korea Assets Trust, and repaid the obligation for construction payment by borrowing KRW 6,70,000,000 from the Hyundai Swiss Savings Bank. At the time, D failed to repay the obligation for construction payment to the Plaintiffs.
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