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(영문) 수원지방법원 2018.07.11 2017가합19855
건축에관한 소송
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be incidental to the participation.

Reasons

Basic Facts

On December 27, 2005, the head of Sung-nam-si branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the case

J filed a report on the change of the building owner and contractor from I to J with respect to the above building permit, and on February 10, 2010, the head of Sung-nam-si Branch received the above report.

(A) On October 10, 2007, the Pdong and Qdong Building Co., Ltd. (hereinafter “instant construction permit”). On the ground of each of the instant lands, the Pdong and Qdong Building Co., Ltd. (hereinafter “instant construction”) was awarded a contract from J (the nominal owner of the building) for construction of two new buildings on each of the instant lands in the amount of KRW 1.6 billion, and around that time, the instant construction was implemented.

After that, the instant construction was suspended due to administrative problems, and on November 30, 201, J agreed to pay to theO the amount of KRW 1 billion (i.e., “Pdong” KRW 570 million to KRW 45 million) with the payment of the construction cost (i.e., KRW 50 million).

O filed a lawsuit against J to seek the payment of the above contract price or the agreed amount, and on February 6, 2014, the Suwon District Court rendered the claim of theO (Usunam District Court 2013Gahap202737), and the above judgment became final and conclusive as it is.

C On January 21, 2015, the Plaintiff transferred the claim for the said judgment amount to the Plaintiff. On the same day, J notified the Plaintiff of the transfer of the said judgment amount claim and the right of possession on each of the instant land and each of the instant land buildings (hereinafter “instant building”).

On the other hand, on April 10, 2003, Defendant FF Partnership completed the registration of creation of a neighboring mortgage on each of the instant lands, including the maximum debt amount of KRW 1,820,000,000, and the debtor R (which was changed to J thereafter).

Defendant FF Cooperative received a voluntary decision on the commencement of auction on each of the instant land from the Sungwon District Court Branch Branch on April 17, 2013.

(S) Sung-nam Branch Support S. Defendant G.

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