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(영문) 수원지방법원 평택지원 2017.04.20 2016가합9966
점유회수청구의 소
Text

1. The plaintiffs' lawsuit of this case is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 20, 201, Plaintiff A received a contract for construction of new factories listed in paragraph 2 of the attached Table No. 1 (hereinafter “instant real estate by aggregating the real estate listed in the attached Table No. 1) from a natural company and sea (hereinafter “natural and sea”) on the land indicated in the attached Table No. 1 of the same Table (hereinafter “instant real estate”) with a total of KRW 126 million for construction of steel reinforced concrete, interior decoration, and panel installation. Plaintiff B completed each construction work by being awarded a contract with the natural and sea level of KRW 20 million.

In addition, the plaintiff C entered into a contract for equipment leasing equivalent to KRW 13.6 million necessary for incidental civil engineering works between nature and sea around that time, and leased equipment.

B. However, the Plaintiffs were not paid each price indicated in the paragraph from nature and sea, and from around November 2012, the Plaintiffs placed a banner stating that they shall exercise the right to retention on the instant real estate, installed container boxes and mobile toilets on the instant real estate, and began to occupy the instant real estate by placing E as on-site management personnel and preventing the entry of the instant real estate into the car with a car for car for Kanun.

C. On August 1, 2012, with respect to the instant real estate, the voluntary auction procedure was commenced in Suwon District Court F in Pyeongtaek District Housing Sitewon, and the Plaintiffs filed a lien report around November 2012, respectively.

G Co., Ltd. (hereinafter “G”) sold the instant real estate during the said voluntary auction procedure and completed the registration of ownership transfer under the name of G on November 8, 2013. On December 17, 2013, G representative director H issued to the Plaintiff a certificate of content to require the Plaintiff to remove container boxes in the instant real estate and move vehicles.

E. On April 29, 2014, G concluded a lease agreement with the effect that the instant real estate is leased KRW 30 million to I Co., Ltd. (hereinafter “I”).

F. The JJ of the I representative director shall be a company around July 2014.

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