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(영문) 춘천지방법원 2016.01.27 2015가단52001
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged by taking into account the whole purport of the pleadings as set forth in the evidence Nos. 1-3, 4, 5, 6, 5-1, 2, 3, 11, 12, 14, 13-1 through 5, 15-1, 2, 16-1, 16-1, 2, and 3.

(1) On August 31, 2010, Plaintiff A entered into a construction contract with D with respect to electrical construction works that newly build a factory on the ground (hereinafter “instant construction works”) on the ground of Gangseo-si, Gangnam-si (hereinafter “instant construction works”), setting the construction amount as KRW 80,000,000 with respect to electrical construction works as KRW 80,000,000.

(2) On May 14, 2010, Plaintiff B entered into a contract for construction with the Deputy Construction Co., Ltd. that contracted the instant construction project, setting the construction cost of civil engineering and concrete works among the instant construction works as KRW 380 million and awarded a subcontract for the said civil engineering works, etc. from the Deputy Construction Co., Ltd.

(3) On July 12, 2010, Plaintiff C entered into a contract for construction with D to determine the construction amount as KRW 112 million with respect to interior works, paints, and sculptures among the instant construction works, and entered into a contract with D to perform the said interior works, etc.

B. On January 7, 2011, the registration of ownership preservation was completed in the future on the 1, 201 with respect to the 671.5 square meters of each 2-story factory of the general steel structure and other 2-story roof on the ground of Gangseo-si E and the 334.2 square meters of each 334.2 square meters of each 2-story factory of the 1,2-story-dong general steel structure and the 2-story roof on the ground of the above ground.

C. On January 28, 201, the registration of creation of a mortgage consisting of KRW 2220 million with a maximum debt amount of KRW 220 million, the debtor D, and the mortgagee Co., Ltd. was completed, and thereafter the said right to collateral security was transferred to the New Steel Co., Ltd. on July 29, 201.

New Steel Co., Ltd. is, on the basis of the above collateral security, the Chuncheon District Court's strong branch court (G/H) with respect to the building in this case.

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