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1. The Defendants are jointly and severally liable to the Plaintiff for 600,000,000 won and the period from February 22, 2014 to October 8, 2015.
Reasons
1. Basic facts
A. The KM General Development Co., Ltd. (hereinafter “KM General Development”) decided to construct multi-family housing with 80 households (hereinafter “instant building”) on the land outside C and five parcels of land in the Yan-si, Yongsan-si, and entrusted the construction to the KM General Construction Co., Ltd. (hereinafter “KM General Construction”).
B. As to the instant building, a new credit union had the right to collateral security, which is the maximum debt amount of 3,250,000,000, and Yangcheon Credit Union had the right to collateral security, which is the maximum debt amount of 1,560,000,000, and the said union filed an application for voluntary auction of the instant building with the Daejeon District Court on February 15, 2012, and the said court rendered a decision to commence voluntary auction of the instant building as D and E (Joint) on February 15, 2012, and on February 16, 2012, the registration of the decision to commence voluntary auction of the instant building was completed.
C. During the aforementioned voluntary auction procedure, Defendant Kung Total Construction Co., Ltd. (hereinafter “Defendant Co., Ltd”) reported a lien on the claim for construction cost amounting to KRW 817,600,000 as the secured claim on February 28, 2012, with the right of retention as the secured claim, and for the long-term total construction, the right of retention as the secured claim on March 12, 2012, with the claim for construction cost amounting to KRW 1,550,000,000 as the secured claim.
Accordingly, the above unions filed a lawsuit for the confirmation of existence of lien against the general construction of mountain complexes and the defendant companies (Secheon District Court Branch of Daejeon District Court 2012 Gohap4674).
E. The above unions jointly purchased the instant building in the aforementioned voluntary auction procedure and paid in full the sales price. On October 17, 2013, 54/80 shares in the instant building were registered in the name of the new credit union, and 26/80 shares in the name of the Yangcheon Credit Union, respectively.
F. On December 17, 2013, the Plaintiff and the Defendant Company concluded a transfer contract on the claim for construction price and lien (hereinafter “instant contract”) (hereinafter “instant contract”), and Defendant B, according to the instant contract.