beta
Text
1. As to each real estate listed in the separate sheet, there is no right of retention of the succeeding intervenor.
Reasons
1. Facts of recognition;
A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties (hereinafter collectively referred to as “Plaintiffs, etc.”) are sectional owners of each of the 129 sectional owners listed in the separate stores listed in the attached Table 129 among the 2 through 5 floors of the building “D” (hereinafter “instant building”) on the ground of Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul (hereinafter “instant building”).
B. On October 30, 2012, E Co., Ltd. (hereinafter “E”) constructed the instant building (hereinafter “E”) transferred 2.3 billion won (hereinafter “instant claim”) out of the construction cost claim amounting to KRW 3,336,463,750, which is the executor of the instant building, to the Defendant, and notified the Defendant of the assignment of claim at that time.
C. On February 6, 2013, the Defendant filed an application for a voluntary auction of real estate (F) under the lien with respect to the instant sectioned stores with the Suwon District Court (Seoul District Court), and received a decision to commence the voluntary auction on April 15, 2013 from the said court.
(hereinafter “instant auction procedure”). D.
On August 7, 2014, the Defendant transferred a lien on the instant building transferred from E in order to secure the instant claim and the instant claim against the Defendant, the Intervenor’s Intervenor, the law firm M&D, and the instant lawsuit pending on or around August 7, 2014, and notified the New R&D of the assignment of the claim on or around August 7, 2014.
E. On October 27, 2014, the Defendant Intervenor’s succeeding intervenor transferred the instant claim against the Defendant Intervenor B and the right of retention against the instant divided stores. The Defendant Intervenor’s succeeding intervenor, who was delegated with the authority to notify the assignment of claims by the Defendant Intervenor, was notified of the fact of the assignment of claims to the New He&D at that time.
【Ground of recognition】 There is no dispute, Gap No. 1.