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(영문) 대구지방법원 2018.05.18 2017가합203415
공사대금 등
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 July 17, 2014, the Plaintiff concluded a subcontract (hereinafter “instant first construction contract”) with respect to the part of the “construction works of reinforced concrete construction among the “construction works of the construction site of the construction site of the construction site of the old-si 1 Industrial Complex” (hereinafter “instant building site”), which was executed by the construction of the friendly industry (hereinafter “the development of the friendly industry”) and the development of the friendly industry in the old-si 193-8 (hereinafter “instant building site”).

B. On June 25, 2015, Co., Ltd., the owner of the instant building site (hereinafter “CK”) completed the registration of ownership transfer on the instant building site due to the trust to Asia Trust Co., Ltd. (hereinafter “ Asia Trust”).

On the other hand, on May 20, 2016, the Asian Trust conducted a public auction on all the instant building site and the buildings under construction on the building site.

There was a statement in the notice of the public auction as follows: “The purchaser shall take over the site of the public auction object as it is, and the organization of the existing interested parties (including lien, etc.) shall be responsible for the purchaser” (hereinafter “instant public auction order”).

C. On October 31, 2016, the Defendant completed the registration of ownership transfer on the instant building site due to sale as of September 19, 2016, and completed the registration of ownership transfer on the same day to Asian trust on the same day.

After the owner of the instant building site successively changed, the construction project that was conducted on the instant building site was changed to the ordering person, to the Sejongwon Construction Corporation, to the contractor, and the name of the project was changed to the “Semansan River Construction Project”.

On December 12, 2016, the Plaintiff entered into a subcontract for reinforced concrete construction among the above construction works (hereinafter “instant contract for the second construction works”) and carried out construction works around that time.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1, 2, 8 through 12, and arguments.

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