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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in liquefied petroleum gas use facility business, liquefied petroleum gas sales business, machinery facility construction business, etc.
B. The registration of ownership transfer was completed on the ground of sale by voluntary auction on February 2, 2015, for each real estate listed in the separate sheet (hereinafter “instant real estate”) owned by Daecheon General Construction Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) in the Chuncheon District Court’s Young-gu E Real Estate Auction (hereinafter “instant auction”); Defendant A completed the registration of ownership transfer due to voluntary auction on October 6, 2014, for each real estate listed in paragraph (1) of the same list; Defendant B completed the registration of ownership transfer due to the sale by voluntary auction on February 2, 2015, for each real estate listed in subparagraphs 2 through 6, 9, and 10 of the same list; Defendant C completed the registration of ownership transfer due to the sale by voluntary auction on January 19, 2015; Defendant D completed the registration of ownership transfer due to the sale by voluntary auction on the same list listed in paragraph (7) of the same Table; and Defendant D completed the registration of ownership transfer due to the sale by voluntary auction on the same date.
C. While the Plaintiff submitted a lien report to an auction court during the instant auction procedure, the Plaintiff filed the said report with respect to the said 302 apartment units F and G, the said report, on the owner’s non-party company building, paid the construction cost in subrogation to the owner’s non-party company building at the request of the owner, and performs the remaining construction works of gas facilities (Pipe pipes) on December 201. However, the Plaintiff stated that the lien was exercised due to the lack of payment for the remainder of construction after the completion of construction works.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 6, the purport of the whole pleadings
2. The Plaintiff’s employees, from July 2013 to July 2013, occupied the gas facilities installed by the Plaintiff while residing in the 303 Dong 205 located in Thai City F and G.