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(영문) 울산지방법원 2013.05.16 2012가합4097
손해배상(기)
Text

1. The Defendants each of their respective 60,847,50 won and each of them shall be from September 15, 2012 to Defendant D, E, H, K, and L.

Reasons

1. Basic facts

A. Although the O Co., Ltd. (hereinafter “O”) newly built the buildings listed in the separate sheet (hereinafter “ Q”) on the P ground of Ulsan-gu P, Ulsan-gu, the construction business operator involved in the new construction of the building did not pay the construction cost properly to the construction business operator and did not complete the registration of ownership preservation of theO on the building. However, upon applying for registration of provisional attachment for Q, R, a creditor ofO, applied for registration of ownership preservation of the aggregate building in the name of P on October 25, 2005 by entrustment.

B.O completed the registration of the establishment of each of the joint ownership rights listed in the separate sheet among Q buildings from around 2006 to around 2007 (hereinafter “instant real property”). However, as O did not repay its debt, S filed an application for voluntary auction on the instant real property with the Ulsan District Court T on November 30, 2009, and completed the registration of the voluntary auction decision on December 2, 2009 upon receipt of a voluntary auction decision on November 30, 2009.

C. Around January 201, the Defendants, other than Defendant N, reported the right of retention on the O’s claim for construction cost as follows in the above auction procedure.

- 다 음 - 연번 피고 공 사 내 용 신고액 (원) 1 C 모래, 자갈, 시멘트 등 자재공급 45,000,000 2 D 골조공사 250,000,000 3 E 페인트, 방수공사 126,000,000 4 F 석재공사 33,000,000 5 G 방수공사 78,000,000 6 H 전기, 발전기, 소방비상등, 수전공사 267,000,000 7 I 하이샷시, 잡철 공사 200,000,000 8 J 장판과 도배공사 100,000,000 9 K 거푸집과 임금공사 150,000,000 10 L M 타일 시공 및 청소대행공사 129,000,000

D. On April 1, 2011, the Plaintiffs purchased the instant real estate at the above auction procedure, and completed the registration of ownership transfer on the instant real estate on the same day.

E. The Defendants asserted that there exists a lien for the claim for the construction cost against O as the secured claim, and the real estate in the instant case is U.S. District Court.

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