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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. On March 17, 201, the Plaintiff entered into a contract for construction works between the non-party 22,530,000 won (including value-added tax) and the non-party 22,253,00 won for the construction work of the second new construction of the building of the manufacturing establishment of the building of the ground Da (hereinafter “instant construction site”) in Yangyang-si Co., Ltd. (hereinafter “the instant construction site”) (hereinafter “the instant construction site”), and suspended the construction work upon completion of the construction work on May 2011, when the Plaintiff entered into a contract for construction works to pay the intermediate payment of KRW 66,759,00, the intermediate payment of KRW 26,759,000, the intermediate payment of KRW 66,759,759,000, and the remainder (after completion) to pay KRW 22,253,000 for the construction work.
[The height ratio of the period until the completion of the instant construction is 59.15% 59.49% , 66.52% , 3.97% , 59.15% , which is the total of 59.15% of the appurtenant construction].
The Plaintiff filed a lawsuit claiming construction price and loan of the Plaintiff against the East Mine Electric Complex (Seoul District Court 201Gahap8161). On June 13, 2012, the judgment was rendered by the said court that “the Defendant shall pay to the Plaintiff 151,630,400 won and the amount equivalent to 5% per annum from June 1, 201 to June 13, 2012, and 20% per annum from the next day to the day of full payment,” and the said judgment became final and conclusive around that time.
C. On September 26, 2013, the Plaintiff filed a report on the right (the reported amount 198,552,738 won) and the demand for distribution in the auction procedure for real estate E, and filed a report on the right of retention with the above court by exercising the right of retention possessing the instant construction site not later than the time the money based on the judgment on the construction cost case was received.
Defendant A sold the instant construction site in the said voluntary auction procedure on December 10, 2013, and completed the registration of ownership transfer on December 13, 2013.
E. Defendant A filed an application with the Plaintiff for a temporary injunction against the Plaintiff as the District Court 2014Kahap197, and received the decision of acceptance from the said court on September 1, 2014.