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(영문) 광주지방법원순천지원 2015.05.14 2014가단75268
점유회수
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 12, 2014, the Plaintiff is a company aimed at general construction, etc., and the Defendant was awarded a successful bid for the real estate (hereinafter “instant building”) listed in the attached Form (hereinafter “instant building”) in the auction procedure for real estate A with the Gwangju District Court Net-Support A, and the Ecogra leisure development Co., Ltd. (hereinafter “Ecogra leisure development”) is a pre-owner who newly constructed the instant building and completed registration of preservation of ownership on November 23, 2010.

B. On April 2, 2012, the Plaintiff entered into a remodeling construction contract between the Ecogra leisure development division and the Ecogra leisure development division with a construction amount of KRW 330 million on the first, second, five, and eight floors of the instant building, and from April 5, 2012 to May 15, 2012, the Plaintiff entered into a modified contract between the construction period of KRW 30 million and the construction period of KRW 50 million on June 10, 2012.

C. The Plaintiff received the total amount of KRW 50 million from Ecograki Development, KRW 50 million on May 7, 2012, KRW 50 million on May 18, 2012, KRW 25 million on June 14, 2012, KRW 500,000 on June 14, 2012, KRW 20 million on June 19, 2012, KRW 200,000 on July 32, 2012, KRW 500,00 on July 11, 2012, KRW 600,000 on July 16, 2012, KRW 700,000,000 on July 2, 2012, KRW 200,000,000 on August 2, 2012.

On June 19, 2012, the Plaintiff attached a public notice of lien to the 8nd floor, etc. of the instant building, stating “The 2,3,4,5,6,7, and8th floor of the instant building are not paid construction expenses and have the honor to exercise the right of retention from June 19, 2012.” On June 26, 2012, the Plaintiff reported a lien to the auction court on July 9, 2012 when the auction procedure for exercising the right of retention was commenced to this court as to the instant building A.

On November 19, 2012, the Plaintiff entered into a security service contract with a security service company for the eight floors of the instant building for a period of three years from the commencement date of security service, and installed a alarm device on the eight floors of the instant building.

E. The Defendant, at the above auction procedure, won the instant building at the auction and paid the purchase price in full on February 12, 2014.

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