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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in each entry in Gap evidence Nos. 1 to 11, evidence No. 12-1 to 4, evidence No. 13, evidence No. 14-1, 2, evidence No. 1-1, 2, evidence No. 2-1, and evidence No. 2-2.
C) As Seoul Western District Court 2008Ka8694, the Seoul Western District Court filed an application for payment order against F to the effect that “F was unable to receive construction cost of KRW 92 million even after completion of construction work at the construction site of five lots outside Dobong-gu Seoul, Dobong-gu Seoul, which was supplied by C from F,” and that F was ordered on August 4, 2008 by the above court to pay C the construction cost of KRW 92 million and its delay damages. The above payment order was finalized on August 27, 2008.
B. On December 14, 2006, the Plaintiff made a move-in report to "Seoul Dobong-gu," and thereafter, from that time, the Plaintiff occupied the real estate listed in the attached list (hereinafter "the instant real estate", and when referring to the whole building, C had the Plaintiff occupy the instant real estate and exercised the right of retention by indirectly occupying the instant real estate.
C. As to the instant real estate on November 14, 2007, the registration of ownership preservation was completed in the name of theO due to the commission of the registration of provisional seizure on November 14, 2007, and the registration of ownership transfer was completed in the name of P on December 4, 2010. The G Union, a creditor of P, applied for the commencement of voluntary auction procedure to the Seoul Northern District Court H, and the voluntary auction procedure for the instant real estate was commenced on December 14, 201.
In the above voluntary auction procedure, C, etc. reported the lien on the instant real estate, etc., and the G Union filed a lawsuit against C, etc. on August 7, 2012 against Seoul Northern District Court 2012Gahap6862, which was the Seoul Northern District Court 2012Gahap682, but the said court rendered a ruling dismissing the claim of the G Union on July 24, 2013, and the said union filed an appeal and the said union.