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(영문) 광주지방법원 2017.06.16 2016나52353
대여금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On May 2, 1996, J Co., Ltd. (hereinafter “J”) concluded a contract for the construction of L and the building indicated in the attached list (hereinafter “instant building”) (hereinafter “instant construction”). After completing the instant construction and completing the approval for use, M, N, L (hereinafter “M, etc.”) as the owner of the instant building and the settlement of the construction cost under the said contract was reached.

B. Around March 10, 1999, J commenced occupying the instant building, such as attaching a public notice to the effect that a locker is installed in the instant building and a lien is exercised at the entrance of the instant building.

C. On June 29, 200, F Co., Ltd. (hereinafter “F”) merged with J on June 29, 200, appointed H as a director of J’s representative director, and delegated H with all the rights to manage the instant building and to recover the claim for construction cost. H had O and P manage the instant building at around that time, and continuously occupied the instant building by having I manage the instant building from around August 2001.

On August 31, 2002, the National Agricultural Cooperative Federation received a decision of compulsory commencement of auction from Gwangju District Court C, and F submitted a report of right of retention to the effect that it occupied the building of this case on January 18, 2003 because it did not receive KRW 1,651,363,636 out of the construction price of this case from the above auction procedure, and submitted a report of right of retention again on August 13, 2003.

E. On March 6, 2006, the Plaintiff awarded a bid for each of the 1/2 shares of the instant building in the above auction procedure with D and completed the registration of ownership transfer under its name on March 8, 2006, and the registration of ownership transfer under Q (hereinafter “ Q”) was completed on March 8, 2006 for the instant building due to sale.

F.F, against Q, the Gwangju District Court’s net support.

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