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(영문) 서울남부지방법원 2017.01.26 2016가합103522
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The Plaintiff, as the parties, entered into a pre-sale agreement with B Co., Ltd. (hereinafter referred to as “B”) on real estate listed in the separate sheet (hereinafter referred to as “instant real estate”), and entered into a provisional registration on July 28, 2015, and completed the principal registration on January 20, 2016. The Defendants are the creditors of B, the distribution schedule was prepared as dividends of KRW 163,928,719,41,590,618, respectively, from the auction procedure (Seoul Southern District Court; hereinafter referred to as “instant auction procedure”).

The Defendant Samro system against the Defendants was supplied and installed with air conditioners at the construction site of B, and the bill delivered by B over five times from December 2012 to March 2013 was in default, and as the bill delivered by B was delivered over five times from March 2013, the Defendants filed a payment order for the construction cost of B around June 2013 and each payment order for the amount of KRW 228,80,000 and KRW 49,50,000 (the District Court Decision 2013 tea214, 2013 tea2981).

Around July 2012, Defendant Han-gu’s Construction System Co., Ltd. (hereinafter “C”) completed construction works by subcontracting an apartment building construction project from B, but did not receive KRW 32,749,700 out of the construction cost, and around October 2012, Defendant Han-gu’s Construction Work was completed, but did not receive KRW 72,60,000 out of the construction cost.

On May 2, 2013, the Defendant filed an application for a payment order of KRW 105,079,700 (Seoul District Court 2013 tea1707) against B for the payment order of KRW 105,079,70 in total for the above payment payment claim and the security deposit claim against C.

On the other hand, around June 2015, Defendant Han Han-gu was distributed KRW 54,986,186 in the auction procedure for the real estate owned by B (Korean District Court D).

A construction company that has been performing construction works at the “E-Newly constructed construction project” site in B, including the details of the preparation of the agreement, shall have a lien on the said site, etc. unless the construction cost is paid.

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