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1. The plaintiff's claim is dismissed.
2. With respect to cases where this Court applies for the suspension of compulsory execution 2017 Chicago1043, October 2017
Reasons
1. Facts of recognition;
A. On August 12, 2010, the Defendant filed a lawsuit claiming construction cost against Boan Construction Co., Ltd. as Seoul Central District Court Decision 2009Gahap128657, which had not been paid the construction cost, and was sentenced to the judgment on August 12, 2010, stating that the Defendant paid KRW 2,103,200,000 to the Defendant and delay damages thereon.
B. In order to receive the said construction cost, the Defendant exercised the right of retention and possessed real estate listed in the separate sheet. However, the Defendant deprived of the Defendant’s possession. The judgment became final and conclusive on December 24, 201, on August 17, 201, on the following grounds: (a) Suwon District Court Decision 2010Kahap2956, Suwon Holdings and Dong Young L&C Company, which filed a lawsuit for the recovery of possession of real estate listed in the separate sheet against Suwon District Court Decision 2010Kahap2956; (b) on August 17, 201, the Defendant filed a lawsuit for the recovery of possession of real estate listed in the separate sheet, and (c) C&C Company handed over real estate listed in the separate sheet to the Defendant.
C. On July 6, 2010, the Defendant was issued a provisional disposition order with the Suwon District Court Decision 2010Kadan1353 as to the real estate stated in the separate sheet, that it shall not transfer or change the title of possession to another person (hereinafter “the provisional disposition order of this case”), and the provisional disposition order of this case was executed on July 16, 2010.
The registration of ownership transfer was completed on November 2, 2012 due to the trust on November 201, 201 with respect to 423 of the fourth floor among the real estate listed in the separate sheet, the registration of ownership preservation of which was made in the name of Pung Holdings Holdings, and the registration of ownership transfer was completed on January 14, 2015 due to the sale on September 3, 2014, and the registration of ownership transfer was completed on May 4, 2016 on April 10, 2016.
(e)the Suwon District Court;