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(영문) 창원지방법원통영지원 2016.09.27 2016가단20687
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

LC Construction Co., Ltd. (hereinafter referred to as the "ELC Construction", and even stock companies, from the second to the second, were the owners of GJC Construction Co., Ltd. (hereinafter referred to as the "instant land").

On September 10, 2013, the ELC Construction contracted the construction work for the new construction of the instant land “C” (hereinafter referred to as “instant building”) on September 10, 2013, on March 21, 2013, and on October 25, 2014, for the scheduled completion date, KRW 5.9 billion for the construction work.

From August 2013 to January 2014, 2014, the Eastline Construction started with the construction of the instant building and installed an emergency power plant room, electricity room, pump room, underground water tank, monitoring control room, pentle room, communication room, etc. on the first underground floor, and installed steel bars, fluorries, etc. in order to install reinforced concrete columns, walls, etc. on the first floor.

(hereinafter referred to as “instant structure”). The value of the instant structure is 852,291,00 won as of January 21, 2014.

In the auction procedure of voluntary auction (the overlapping E and F voluntary auction procedure were concluded after the withdrawal; hereinafter “instant auction”), where the appraiser calculated the appraised value of the instant land at KRW 1,170,446,00 as of January 21, 2014, the appraisal price was indicated in the remarks column of the land appraisal statement as “819,312,200 won for a new building located on the instant land.”

On November 19, 2014, the judicial assistant officer of the auction court determined the minimum sale price of the instant land as KRW 819,312,200, and stated the sale object in the list of objects to be sold in the statement of objects to be sold.

On December 4, 2014, G was awarded the instant land at the first sale date, and the judicial assistant officer of the auction court issued the decision of permission for sale on December 11, 2014.

d. 2015.

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