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1. The defendant is against the plaintiff in Suwon District Court Sejong, D(Consolidated) real estate compulsory auction.
Reasons
1. Facts of recognition;
A. E entered into a construction contract with the purport that 6 households of multi-household houses will be newly built at 413,400,000 won for the construction cost on the ground of F, G and Hasung-si H on May 30, 2007, and completed the above construction work around November 2007.
(hereinafter “instant construction project”). (b)
E filed a lawsuit against F and G on March 25, 2009 against the claim for the construction payment of the instant construction work by the Seoul Central District Court 2007Gahap105025, and sentenced that “F and G shall jointly and severally pay to E 421,124,000 won, and 6% per annum from July 5, 2008 to March 25, 2009, and 20% per annum from the next day to the date of full payment.”
Although both appeals (Seoul High Court Decision 2009Na57158), the appeal was dismissed on January 26, 2010. The appeal was lodged by F and G (Supreme Court Decision 2010Da21665) but on May 13, 2010, the appeal was dismissed and the judgment of the first instance became final and conclusive.
(hereinafter referred to as “instant lawsuit for construction cost”). C.
E transferred the claim for construction cost based on the above final judgment to the Plaintiff on May 20, 2009, and sent the notice of assignment to F, G, etc. by content-certified mail on the same day.
(hereinafter referred to as “transfer of claims of this case”).
E, on January 29, 2010, when it transferred its claim to the Plaintiff, on the ground that the final judgment of the instant lawsuit for construction price was the executive title, E filed an application for a compulsory auction to this court C with respect to HJ large 661 square meters in Ansan-si, which was owned by F, and received a decision to commence the auction on February 3, 2010 from the said court. On June 11, 2012, E filed an application for a compulsory auction to the said court D with respect to multi-family houses on the third floor above the instant land, which was owned by F, and received a decision to commence the auction on January 8, 2013 from the said court.
The above auction case was consolidated with the prior auction case.
(hereinafter “instant auction”) e.
E on June 20, 2014, by issuing a promissory note of KRW 150 million to the Defendant, and on the same day, a notary public shall issue a promissory note of KRW 150 million to the Defendant, and on the same day, the said Promissory Notes No. 247 with respect to the said Promissory Notes.