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(영문) 의정부지방법원 고양지원 2018.05.09 2017가단20114
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 1, 2017, the Plaintiff received a subcontract from the Seocho-gu Seoul Metropolitan Government Down (hereinafter “instant building”) with KRW 42.6 million among the new construction works of the Seocho-gu Seoul Metropolitan Government Down (hereinafter “instant building”) and completed the construction on or around May 1, 2017.

B. On May 28, 2015, the Defendant was appointed as the representative director of the non-party company, but resigned on April 25, 2017, and E was appointed as the representative director of the non-party company on the same day.

C. On June 30, 2017, the registration of ownership preservation in the name of 7 persons, including the Defendant (F, G, H, I, J, K, and the Defendant) was completed with respect to 10 divided buildings of the instant building, and the following registration was completed with respect to the ownership thereof:

On the other hand, regarding 301 and 602 of the instant building on June 30, 2017, the right to collateral security was established, which is 1.17 billion won with respect to the debtor, the defendant, the Suhyup Bank, the maximum debt amount, and the maximum debt amount.

① On the grounds of “sale on April 28, 2017,” both 201 and 202: (2) Registration of transfer of the entire shares of all co-owners in L’ name on the grounds of “sale on the grounds of sale on April 28, 2017”; (3) Registration of transfer of the entire shares of all co-owners in M’ name on the grounds of “sale on October 31, 2017” on December 19, 2017; (3) Registration of change of the ownership under the name of K on the grounds of erroneous discovery on July 7, 2017; (5) Registration of change of the ownership under the name of J on the grounds of false discovery on July 7, 2017; (7) Registration of change of the ownership under the name of F on the grounds of discovery of error on July 27, 2017; and (7) Registration of the ownership under the name of G on the grounds of discovery of ownership under the name of G on the grounds of mistake on July 217, 2017.

D. The Plaintiff’s company P and Geumcheon-gu Q.

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