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(영문) 서울중앙지방법원 2017.08.11 2016가합562071
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “instant company”) was a company established for the purpose of construction business, etc., and obtained a construction permit on June 23, 2004 for the new construction of a “D” commercial building (sales and cultural assembly facilities with the underground fourth floor, the 11st floor above the ground; hereinafter “instant building”).

The creditors of the company of this case filed an application for provisional seizure of the building of this case on September 7, 2007, the registration of preservation of ownership was completed ex officio in the company of this case as to the building of this case, and the approval for use was completed on January 10, 208.

B. From around 2005 to 2006, Plaintiff A and the designated parties have a claim for refund of the price pursuant to a final and conclusive judgment (Seoul Central District Court Decision 2012Gahap57915, supra) against the instant company as the buyer, or the heir of the buyer, who purchased the store of the instant building from the instant company and paid part of the sales price and the store development cost.

Plaintiff

Jeong Ho LC Co., Ltd. (hereinafter “Plaintiff Jeong Ho LC”) is a company that performed the construction of theater facilities in the instant building, and has the claim for construction cost equivalent to KRW 2.85 billion based on the fixed table of bankruptcy creditors against the instant company.

C. As to the building of this case, the registration of each provisional attachment was completed on November 16, 2007 upon the creditor F’s request on November 16, 2007 upon the creditor E’s request, and the registration of the entry in the decision of compulsory auction was completed on November 9, 2007 upon the creditor G, etc.’s request.

(Seoul Western District Court H, etc.). On November 22, 2007, the instant company completed the registration of ownership transfer due to the trust in the future, Co., Ltd. (hereinafter “instant trust company”) on the instant building.

The JD Construction Co., Ltd., the contractor of the building of this case, asserts a lien on the building of this case and set the lien to the Seoul Western District Court.

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