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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Around 2011, the Defendant drafted a power of attorney (hereinafter referred to as “the power of attorney of this case”) with the following contents in D Co., Ltd. (hereinafter referred to as “D”).
Defendant 164,826 Defendant 3 G G 44,727, and H 244 Defendant 5 I forests 93,130,130, Defendant 6 J 6 J 75, and Defendant 7 K 4,152, Defendant 810, Defendant 110, Defendant 141, Defendant 10, Defendant 10, and Defendant 110, Defendant 2, Defendant 2, Defendant 13, and Defendant 2, Defendant 144, and Defendant 2, Defendant 13, and Defendant 2, Defendant 141, and Defendant 2, Defendant 291, Defendant 14, Defendant 291, Defendant 15, and Defendant 2, Defendant 15, and Defendant 2, Defendant 17, and Defendant 197, and Defendant 2, Defendant 3, and Defendant 197, and Defendant 2, Defendant 2, and Defendant 2, Defendant 2, and Defendant 15, respectively.
Provided, That the land purchase price shall be preferentially paid to the landowner for the land sale price.
(1) All of the sale of land under a special agreement shall be conducted through consultation with the defendant who is the landowner.
(2) A lien prior to the ownership of land shall not be recognized as all, and all civil and criminal responsibilities for the matters delegated shall beD.
On the other hand, the defendant representative director AA, a delegating, entered into a contract with D on December 22, 201 to accept soil works, etc. among the site creation works on two parcels, Chungcheongnam-gun, Chungcheongbuk-gun, and Chungcheongnam-do. From March 28, 2012, while performing the said works, the plaintiff was notified D of the termination of the said subcontract and suspended construction around that time.
Afterward, the Plaintiff filed an application for provisional attachment of claim against D with the amount of claim KRW 182,962,00, and the garnishee as “the amount up to the claim amount out of the construction service claims that D will receive from the Defendant,” in order to preserve the claim against D for the aforementioned construction work (Seoul District Court 2012Kahap943).