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(영문) 수원지방법원 2017.02.09 2015가단60005
손해배상(기) 및 구상금
Text

1. The Defendants jointly share KRW 23,147,69 for each of the Plaintiffs as well as the aforementioned costs from November 20, 2015 to February 9, 2017.

Reasons

1. Basic facts

A. The Plaintiffs’ Schedule

2. On April 13, 2012, the Suwon District Court: (a) awarded a successful bid for real estate subject to auction in HH real estate auction cases with respect to each of the stated real estate (hereinafter “real estate subject to auction”); and (b) completed the registration of ownership transfer as to each of the following 1/2 shares:

B. The Defendants asserted a lien on the claim for the construction cost of each building among the real estate subject to auction as the secured claim, and the attached list, which is part of the real estate subject to auction.

1. The land as indicated and its ground buildings (hereinafter “instant land” or “instant building”) have been occupied in cases where land and buildings are collectively referred to.

C. Accordingly, the Plaintiffs, who acquired the ownership of the instant real estate, filed a lawsuit against the Defendants on the claim for delivery, etc. of the instant building against the Defendants under the Court Order 2012Gadan97273, and this court rendered a judgment against the Defendants on October 21, 2014, that “In order for the Defendants to claim a lien on the instant building, the Defendants occupied the instant building before October 17, 201, the registration of the entry of the decision on commencing auction was completed, and there is insufficient evidence to prove that the Defendants had occupied the instant building from October 17, 2011 to the point of exclusion from others’ interference.” Accordingly, the Defendants’ assertion that the instant building has a lien on the claim for construction price as the secured claim, and that the Defendants shall deliver the instant building to the Plaintiff against the said Defendants, and the Defendants appealed against the said judgment and dismissed the said judgment and the said judgment became final and conclusive.

The Plaintiffs conducted compulsory execution against the Defendants on the basis of the declaration of provisional execution by the above 2012Gadan97273, and received delivery of the instant building on December 2, 2014.

The plaintiffs shall pay 2,065,00 won for delivery execution in relation to compulsory execution, and the cost of opening the door and replacing the locks 550.

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