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(영문) 춘천지방법원강릉지원 2019.01.09 2017가단33731
손해배상(기)
Text

1. The part of the plaintiffs' claim for confirmation of voting rights in the lawsuit of this case is dismissed.

2. The debtor C.

Reasons

1. Basic facts

A. The Plaintiff A is the owner of the real estate listed in paragraph (1) of the attached list (hereinafter “instant building”) and the Plaintiff B is the owner of the real estate listed in paragraph (2) of the same list (hereinafter “instant building”).

B. The Defendant: (a) contracted the E-work to be performed by the Korea Rail Network Authority; and (b) performed the F Works from September 2014 to the H Station (the E-work refers to the E-work from Gangseo-si to the H Station; hereinafter “instant work”).

C. On July 2016 and November 201, 2016, the Plaintiffs filed a civil petition by asserting that the construction of the instant building was defective, such as fluorating and rupture heat, etc., to the instant building 1 and 2.

The building of this case is a shipbuilding building constructed in 1974, and the building of this case is a wooden building constructed in 1975.

E. On August 10, 2015, the Defendant conducted a preliminary precise inspection on the building owned by the Plaintiff B at the Plaintiff’s request.

F. On October 12, 2017, the Defendant received a decision to commence rehabilitation procedures from the Seoul Rehabilitation Court 2017 Gohap100149 on October 12, 2017 where the instant lawsuit is pending, and the representative director D became a custodian on the same day.

In the above rehabilitation procedure, the plaintiffs reported each rehabilitation claim of KRW 50 million by December 7, 2017, which is the inspection period, and the administrator D of the rehabilitation debtor C Co., Ltd. raised an objection against the above claim.

On June 25, 2018, when the lawsuit in this case is pending, the rehabilitation procedure of the debtor for rehabilitation terminated pursuant to Article 283(1) of the Debtor Rehabilitation and Bankruptcy Act.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4 (including virtual numbers), Eul 1 and 2, the purport of the whole pleadings

2. The lawsuit for confirmation of rehabilitation claims ex officio based on the determination of the legitimacy of the part of the claim for confirmation of voting rights among the lawsuit in the case of this case refers to the confirmation of the existence of claims or rights by determining the existence of claims and the contents thereof where a rehabilitation creditor raises an objection against the claims reported by him/her.

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