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(영문) 수원지방법원 2019.12.11 2019가합11244
점유회수
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Company I (hereinafter “I”) contracted the instant construction work (hereinafter “the instant construction work”) to J Co., Ltd. on the ground of 486.6m2 in Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, Seoul Special Metropolitan City (hereinafter collectively referred to as “each of the instant buildings,” collectively with a total of 20 units of rooms, and the individual units of rooms are specified as units of houses). The Company J subcontracted the instant construction work to L Co., Ltd. on August 13, 2009, and on March 8, 2012, L Co., Ltd transferred all rights related to the instant construction work, including the construction price claim, to M Co., Ltd.

B. While the construction on each of the instant buildings was underway, each registration of preservation of ownership was completed on February 3, 2012 with respect to each of the instant buildings on the commission of the registration of provisional seizure pursuant to the Seoul Eastern District Court Decision 2012Kadan373, Seoul East District Court Order 2012Kadan373, and thereafter, on January 22, 2016, the registration of the decision of voluntary commencement of auction was completed on January 22, 2016, upon filing an application for voluntary auction on each of the instant buildings by Defendant B, who had the right to collateral security, filed an application

(hereinafter referred to as “the instant voluntary auction procedure”) C.

On July 20, 2017, the Plaintiff entered into an agreement on the transfer and acquisition of a right of retention with respect to the claim for construction cost of KRW 1.7 billion and the claim that the right of retention for each of the instant buildings should be acquired, and subsequently, between the O and P around 2017, the Plaintiff entered into a contract on the possession of the expenses and the right of retention for each of the instant buildings, and made them occupy each of the instant buildings.

The Defendants are currently possessing each of the buildings of this case as indicated in the following table by either purchasing each of the buildings of this case or acquiring them in sequence from the purchaser of each of the buildings of this case during the voluntary auction procedure of this case.

Q purchased R, S, T, and U among each of the instant buildings in the instant voluntary auction procedure on May 3, 2018, and sold them to Defendant B on May 24, 2018.

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