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(영문) 창원지방법원통영지원 2014.04.17 2013가합993
제3자이의
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2.The Court shall suspend compulsory execution of the 2013 Chicago132.

Reasons

1. Basic facts

A. On April 27, 2010, Plaintiff A received the instant construction work (hereinafter “instant construction work”) from theO to KRW 1,326,50,000 for the construction cost, such as the multi-family house with the fourth floor P floor (hereinafter “instant building”) and the multi-family house with the fourth floor above Q Q ground (hereinafter “instant building”).

Since then, Plaintiff A subcontracted part of the construction of this case to the rest of the plaintiffs, and as a result, the construction of this case ①, ② the construction of a new building was conducted to the extent of 90%.

B. On April 3, 2012, upon the application for a voluntary auction of real estate by the member credit cooperative, which is a creditor ofO, the registration of the entry of the decision on voluntary auction of the building (hereinafter referred to as the “registration of the entry of this case”) was completed on April 1, 2012.

C. On April 18, 2012, Plaintiff A, J, K, F, and L reported the right of retention as shown in the attached Table 1 at the instant auction procedure. On the other hand, Plaintiff J was sentenced to the Changwon District Court’s 2010Kadan10411, Plaintiff K as Changwon District Court’s 2010Kadan10855, Changwon District Court’s 201Kadan10707, Changwon District Court’s Dopo-si Court’s Dopo-si court’s Dopo-si court’s Dopo-si court’s Dopo-si court’s Dopo-si court’s Dopo-si court’s 2011Da10691, each O paid the principal amount stated in the “the amount reported” and damages for delay.

Plaintiff

A transferred the possession of each household that it has possessed to the other plaintiffs as shown in the attached Table 2, and accordingly, the plaintiffs occupy the respective households of the case ① and ②.

On the other hand, on December 20, 2012, the Defendant, along with R and S, received the decision to permit the sale of the instant building, etc., ①, ② after receiving the decision to permit the sale of the instant building, etc.

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