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1. Revocation of a judgment of the first instance;
2. All plaintiffs' lawsuits are dismissed.
3. The plaintiffs' total costs of litigation.
Reasons
1. On December 26, 2012, Plaintiff EsM consulting Co., Ltd. concluded a contract for the repair of elevator defects with the END Network Co., Ltd. and the real estate attached thereto (hereinafter “instant building”), and completed the construction, but did not receive KRW 114,275,089 for the construction cost. On January 30, 2013, the date Ji Ji Ji Ji Ji Ji R Co., Ltd. concluded a contract for the construction of the instant building’s six-story fire-fighting systems, etc., and completed the construction, but did not receive KRW 85,00,000 for the construction cost. On February 1, 2013, the construction cost was not paid KRW 37,500,000 for the construction cost, even though it concluded a contract for the construction work under the agreement for the construction of the main theater of the instant building and completed the construction work.
Plaintiff
National Development Co., Ltd. concluded an entrusted management contract with END Network on January 30, 2013 on the instant building parking lot, but did not receive KRW 136,910,690, such as service charges under the said contract. The Defendant concluded a management service contract on the instant building. However, it did not receive KRW 230,598,318, such as service charges under the said contract.
Plaintiff
On November 8, 2012, the Director of Han-do Co., Ltd. concluded a contract for the rooftop waterproof Construction Work with the END Network Co., Ltd., and completed the construction, but did not receive KRW 80,000,000. On December 27, 2012, the construction was completed after entering into a contract for the external design construction of the instant building, but did not receive KRW 65,00,000 for the construction cost. On February 14, 2013, the Director of Han-do Co., Ltd. entered into a contract for the said construction and completed the said construction, but did not receive KRW 26,950,00 for the construction cost.
Therefore, the Plaintiffs are the lien holders possessing the instant building with claims, such as the construction cost and service cost, as the secured claim regarding the instant building.