Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendants and F, and G Co., Ltd. (hereinafter “five lien holders”) with respect to E hospital symptoms and rebuilding works are the public corporations that received part of the E hospital symptoms and rebuilding works from H the president of E hospital from H.
The 5 lien holder has been exercising the lien on the E hospital building with the claim for the construction cost due from November 2010, which was completed the said construction work, as the secured claim.
B. In the auction procedure to exercise the security right to the land and building of the hospital E as above the establishment of the mediation for waiver of the lien, I filed a lawsuit against the lien holder seeking delivery of the building. However, on October 30, 2014, the lien holder filed a judgment on October 30, 2014 with the effect that the lien holder would have received the claim for construction cost from H, and that the Plaintiff I would deliver the hospital building to the Plaintiff, at the same time, upon receipt of the claim for the construction cost from H (the Daejeon District Court 2013, 101269, 2013). Accordingly, I filed an appeal (the Daejeon District Court 2014Na14618, Daejeon District Court 201), five lien holders, and I adjusted the following matters on September 19, 2016 pending in the appellate trial:
(1) The I shall transfer the land and buildings of the E hospital at the same time with payment of KRW 7.3 billion from the Intervenor J.
(2) A lien holder shall fix the secured claims of a lien with respect to the building of the E hospital as 4.8 billion won.
③ The J shall take over the secured obligation of the lien and pay the said amount of KRW 4.8 billion to five lien holders until November 10, 2016.
4. Five lien holders shall, upon receiving the above 4.8 billion won, immediately transfer the building E of the hospital to J and waive the right of retention.
The five lien holders were paid the amount agreed upon by J as described below according to the above conciliation.
F. Amount paid to the parties to the contract (won) 1,420,000 Defendant B 1,405,186,550 Defendant C 1,057,942,578 Defendant D69,241,349 G Co. 247,629,523 4,80,000,000
C. The Plaintiff’s seizure and collection order.