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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
Reasons
1. Basic facts
A. On June 4, 2009, upon C’s application, the registration of the commencement of compulsory auction by official auction by official auction was completed on June 5, 2009 with respect to each real estate listed in the separate sheet owned by the debtor D (hereinafter “each of the instant buildings”), and the registration of the commencement of compulsory auction by official auction by official auction by official auction was completed on June 4, 2009. Accordingly, the Chuncheon District Court's Youngcheon Branch's Young Branch's Young Branch's Young Branch's Young Branch's Young Branch's Young Branch's (Dus), G(s), H(i) and I were combined
At the auction of this case on June 28, 2011, the defendant received the decision to permit the sale of each of the buildings of this case on August 11, 201, and acquired ownership in full.
B. On May 12, 2010, the Plaintiff reported a lien on the ground that “it did not receive construction cost of KRW 480,075,000 on the construction of the instant building and its related civil works, and from the time of completion of the construction of each of the instant buildings, the Plaintiff is occupying each of the instant buildings from the time of completion of the construction of each of the instant buildings.”
[Reasons for Recognition] Facts without dispute, or entries in Gap evidence 1, 2, and 22 (including virtual numbers), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion (the cause of the Plaintiff’s claim) entered into a contract with the J on November 4, 2006 for the construction of a new penta, and continued construction from November 25, 2006 to November 25, 2007, the construction was suspended due to a provisional attachment and a decision to commence a compulsory auction in an amount equivalent to approximately one billion won by the creditors of the J. The Plaintiff and the J agreed to suspend the remainder of construction, but the J agreed to pay it to the Plaintiff by March 30, 2008.
Accordingly, from November 2006 to December 201, 201, the Plaintiff dispatch K and L to the manager of each building of this case from November 2006, and L to December 201, and install locking devices in each unit of each building of this case from November 2006 to December 201, and settle the board and lodging at the office of the relevant building.