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1. Revocation of a judgment of the first instance;
2. The plaintiff (appointed party)'s action against the defendant and the defendant's intervenor.
Reasons
1. Basic facts
A. E Co., Ltd. (hereinafter “E”) is a contractor who has contracted from H to extend the building of the fifth to the sixth to the twelveth floor above the 6th floor above the ground and is a new Heung C&D Co., Ltd. (hereinafter “New Heung F&D”) with the construction of expanding the fiveth floor above the 6th floor above the H. It is an executor who purchased the existing building, including the part of the extension work performed by H.
B. The Plaintiff and the designated parties (hereinafter referred to as the “Plaintiff, etc.”) acquire the ownership of each of the 129 separate stores listed in the attached Table 129 (hereinafter referred to as the “instant separate stores”) among the 2 to 5 floors of the building “D” on the ground of Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul (hereinafter referred to as the “instant building”), an aggregate building constructed by the said extended construction.
C. On March 26, 2011, E prepared a written confirmation of the cost of construction that the unpaid claim for the construction payment against E S&D reaches KRW 3,336,463,750, and on October 30, 2012, E prepared a contract between E and the Defendant for the transfer of the right to retention on the instant building and the transfer of the right to retention on the instant building between E and the Defendant (hereinafter “instant claim”) and E, and on the same day, E notified E of the fact of the said transfer to E&D.
On February 6, 2013, the Defendant filed an application for a voluntary auction of real estate (F) under the lien with respect to the sectioned stores in this case with the Suwon District Court Sung-nam branch on February 6, 2013, and received a decision to commence voluntary auction on April 15, 2013 from the said court.
(hereinafter referred to as "the instant auction procedure". (e)
Then, around August 2014, the Defendant transferred the right of retention on the instant building transferred from E to secure the instant claim and the instant claim between the Defendant and the Intervenor taking over the instant lawsuit, to the Defendant’s Intervenor.