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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B and C’s lien exercise 1) B are persons engaged in the construction design and supervision work under the trade name of “D architect office”. B is the building of the second floor and the 11st floor above ground to be newly constructed on November 20, 2002, Busan Shipping Daegu E and one parcel (hereinafter “instant building”).
A) A design service agreement was concluded between F and F, the owner of the instant building, by setting the service cost of KRW 180,540,000, and around July 8, 2004, the approval for use of the building completion was completed. However, F paid KRW 35,00,000 out of the design service cost to B, and the remainder of KRW 145,540,000 was not paid, and B exercised the lien on the fourth floor of the instant building from September 20, 206 to September 20, 2006. (2) C is a person engaged in electrical construction business under the trade name of “G”.
C On April 20, 2003, between F and F, the construction cost of the instant building was set at KRW 178,000,000, and the contract for electrical construction was completed on July 29, 2004.
However, F paid only part of the construction cost to C, and did not pay KRW 137,00,000.
Since December 10, 2006, C exercised the lien on the 11st floor of the instant building from around December 10, 2006.
3) B and C filed an application for a payment order with the Busan District Court’s Dong Branch for the payment of the service price and the construction price that were not received from F as above, and B and C received each payment order from the above court as of November 17, 2006, and C on September 4, 2009, as of September 2009, respectively. (B) Busan District Court’s Busan District Court’s commencement of the voluntary auction procedure and B and C’s lien-related lien-related to B and C’s lien-related to the instant building on December 20, 206, upon the application of the South Busan District Court’s Dong Branch branch, the Busan District Court’s H on December 20, 206 (hereinafter “the first auction”) and the B and C filed a lien report with respect to the instant building by asserting that they were the construction price creditors against F.
2. Accordingly, the building of this case.