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(영문) 광주고등법원 2015.08.13 2014나4865
추심금
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Around February 8, 2012, G Co., Ltd. (hereinafter referred to as “G”); current trade name: H and change: I Co., Ltd.) received construction of Mtel (hereinafter referred to as “instant officetel”) from G, K, and L Co., Ltd. (hereinafter referred to as “BG”) on the Nam-gu J, K, and 3 lots of land (hereinafter referred to as “instant land”) in the construction period from February 23, 2012 to July 31, 2012 (hereinafter referred to as “instant construction”) by determining the construction period as KRW 2 billion (excluding value-added tax).

On July 30, 2012, Masung Housing and G changed the construction cost of the instant construction into KRW 3.52 billion (including value added tax).

G on January 11, 2013, when issuing a promissory note with a face value of one billion won at sight, G drafted a notarial deed containing the purport of recognizing compulsory execution (No. 42, 2013, a notary public of law firm light at law firms).

On October 29, 2013, the Gwangju Housing Co., Ltd. established by the Defendants was prepared and delivered a written consent for related change of the person concerned with respect to the instant officetels.

On November 7, 2013, the Plaintiffs received a seizure and collection order (hereinafter “instant seizure and collection order”) issued by the Gwangju District Court’s 2013TTTT8367 with respect to “the claim amount to be paid at the time of completion of construction work and the liquidation money” against the Defendants of G based on the said notarial deed as the total of KRW 1 billion (the claim amount by Plaintiff is the same as the amount stated in the claim claim amount). The said order was served and confirmed to the Defendants around that time.

On May 15, 2013, the date of receipt of the instant officetel, the instant land: (a) the registration of ownership transfer in the name of the holder of the right to purchase and of the type of mineral-type housing on August 19, 2012, on the grounds for registration, August 12, 2013; and (b) the registration of ownership transfer in the name of the owner of the right to purchase and the owner of the registered housing on May 15, 2013; (c) the registration on July 19, 2013.

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