beta
Text
1. Of the judgment of the first instance, the part against Defendant C, F, H, J, K, and L shall be revoked.
The plaintiffs' action against the defendant F.
Reasons
1. Basic facts
A. The registration of ownership preservation of P building and Q Co., Ltd. (hereinafter “ Q”) had completed registration of ownership preservation of aggregate buildings on commission in Q on October 27, 2005, following the application for provisional attachment by Q Q’s creditor while the construction business operator was unable to pay the construction cost properly to construction business operators who participated in the new construction, although the construction of the P building was newly built on the R of Ulsan-gu, Ulsan-gu, and the 6th floor P building was built on the ground of the P building.
B. From 2006 to 2007, the registration of the entry of the decision on voluntary commencement of auction was completed on December 1, 2009 by applying for voluntary auction of each of the buildings of this case to the Ulsan District Court U.S., as Q failed to repay the above debts. The registration of the voluntary commencement of auction was completed on December 1, 2009.
C. On January 201, the remaining Defendants except Defendant H who reported the right of retention reported the right of retention to the effect that they have a claim for construction price to Q Q worth worth KRW 1.796 billion in total at the above auction procedure. D.
The Plaintiffs were the owners of each building of this case by purchasing each building of this case at the above auction procedure on April 1, 201 and completing the registration of ownership transfer of 1/2 shares on the same day.
E. On June 24, 201, the remaining Defendants except Defendant F applied for a voluntary auction on each of the instant buildings to the Ulsan District Court V. Defendant F, G, H, J, L, andO again applied for a voluntary auction on August 19, 201 with respect to any of the instant buildings (except for the buildings Nos. 13, 15) and 27 buildings different from that of the instant buildings to Ulsan District Court W. 2 at the time of the Defendant G applied for a voluntary auction on August 19, 201, respectively. 2) At the time, the Defendant G owned each of the instant buildings, namely, the building Nos. 1 through 5, 7 through 11, 14, 16 through 20, 22, 23, 24, and 6 of the instant building; Defendant H used the building; Defendant J owned the building No. 12 of the building; Defendant L occupied the building and exercised the right of retention.