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(영문) 수원지방법원안산지원 2015.02.12 2014가합20568
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s ground for the acquisition of ownership on real estate indicated in the attached list 1) Litering Industrial Development Co., Ltd. (hereinafter “ Litering Industrial Development”).

On December 26, 2003, Korea-Mano Mutual Savings Bank (hereinafter “Korea-Mano Mutual Savings Bank”)

(2) Each of the real estates listed in the separate sheet (hereinafter referred to as “each of the instant sections”) on the D ground of the Dong-gu, Ansan-si, Gyeonggi-do.

(E)five-story neighborhood living facilities (hereinafter referred to as “instant condominium buildings”) which are an aggregate building including the foregoing;

2) On July 22, 2005, the Busan Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) newly built a new mortgage on each of the instant sections, and on June 16, 2004, it was transferred from the Hanmamon Savings Bank (hereinafter “Malomon Savings Bank”) the right to loans on the Llomon Industry Development and the right to collateral security on each of the instant sections.

3) On January 11, 2006, the Solomon Savings Bank received voluntary decision to commence the sale of 35 sections of the instant aggregate buildings as F of this Court. 4) The Plaintiff completed each registration of ownership transfer as to each of the instant sections based on the sale or purchase by voluntary auction during the period from December 13, 2011 to September 23, 2012.

B. 1) The Defendants entered into each construction contract or each construction contract with respect to live industry development and new construction of the instant aggregate building, and the Defendants did not receive construction payment from live industrial development even though they completed each construction contract. The Defendants applied for payment order with respect to live industry development as Seoul Southern District Court Decision 2005Hu22560 on November 17, 2005 and received payment order on January 17, 2006. 2) The Defendants were the members of live Industrial Development Credit Group.

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