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(영문) 대구지방법원경주지원 2014.01.21 2012가단3305
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs and the defendant are construction business operators who received a new construction of D buildings with the size of 6th floor above 6th floor above F and G underground 1st floor from D Co., Ltd. (the former trade name before the change: E, hereinafter referred to as “D”).

B. On September 18, 2007, the Defendant is delegated with all legal and factual acts related to the exercise of lien and the preservation, management, and disposition of the articles retained, for the purpose of recovering the claim for construction cost against D from contractors, including the Plaintiffs.

C. On December 27, 2007, the Defendant filed an application for compulsory auction of real estate as H with respect to D buildings, with the contractor’s claim for construction price (20,079,500 won for Plaintiff A, and 24,894,000 won for Plaintiff B) as the secured claim during the above compulsory auction procedure.

The defendant is above C.

At the time of the report of the lien, as described in the paragraph, signs were affixed to the entrance of the D building that it occupies as a lien, and after concluding the I, J and management services contract with it, they had them manage the D building.

E. On June 19, 2008, the Defendant withdrawn the application for compulsory auction of the above H on June 19, 2008, and Pungwon Partnership Co., Ltd., the mortgagee of the right to collateral security regarding D building, applied for a voluntary auction of real estate to Daegu District Court and rendered a voluntary decision on the commencement of auction on August 5, 2008.

F. In the above K real estate auction case, the building listed in the attached list (hereinafter “instant building”) was investigated into the possession of the lien holder in the real estate status survey executed on September 30, 2009.

G. L was awarded the instant building on February 16, 2010 and completed the registration of ownership transfer on March 16, 2010 in the said K real estate auction procedure.

H. From July 21, 2010, M operated the frequency of the instant building and D building with the trade name “N” as “N” in subparagraphs 101 and 102, and transferred the said frequency to Nonparty O on August 10, 201.

I. Meanwhile, Defendant C also.

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