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(영문) 대전고등법원 2019.04.10 2018나12801
공사대금
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. On August 20, 2014, Plaintiff A signed a construction contract with the Defendant, the contractor, and the contractor as Plaintiff A for the construction cost of KRW 114,60,00 (excluding KRW 93,60,000, KRW 21,000,000 for civil engineering works, KRW 21,00,000 for value added tax), August 21, 2014 on the date of commencement, and November 31, 2014 on the date of completion of the completion of the completion of the construction of the instant building (hereinafter referred to as “instant building”) with the content that the construction works are to be executed for building and civil engineering works (hereinafter referred to as “the instant first construction contract”).

B. On October 1, 2014, Plaintiff B signed a contract for construction works with the Defendant, the contractor, and the contractor as Plaintiff B for the construction cost of KRW 137,969,00 (excluding value-added tax) and the construction period from October 1, 2014 to December 15, 2014 among the construction works of the instant building during the construction of the instant building (hereinafter referred to as “the instant secondary construction contract”); the term “each of the instant construction contracts”; the term “each of the instant construction contracts”; the term “each of the instant construction contracts”; and the term “each of the instant construction contracts” under each of the instant contracts, as the term “each of the instant construction contracts”.

C. The Defendant obtained approval for use of the instant building on December 29, 2014, and completed registration of ownership preservation in the Defendant’s name on January 5, 2015.

On the other hand, on January 5, 2015, the Defendant completed the registration of the establishment of a collateral security right with respect to the instant land and building, including the maximum debt amount of KRW 448,00,000,00, and the establishment of a collateral security right as the J-B association. On October 27, 2015, K acquired a claim against the Defendant from the J-B association with respect to the said land and building, and completed the said registration.

E. Since then, on December 28, 2015, with respect to the instant land and building, a creditor filed an application for L, M, and N, a compulsory auction commenced with the Daejeon District Court’s official branch office as of December 28, 2015. On February 5, 2016, upon K’s application, the voluntary auction commenced with the same court as of February 5, 2016, and each of the above auction procedures was combined, and Plaintiff in the combined auction procedure.

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