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(영문) 부산지방법원 2018.02.20 2017가단320817
점유회수청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) owned 31 units of E-House 31 units (hereinafter “instant building”) including each real estate listed in the separate sheet (hereinafter “instant real estate”). On June 27, 2011, the real estate auction procedure was commenced as Busan District Court F for the instant building, and Busan District Court G real estate auction case was combined.

B. After purchasing each of the instant real estate in the above auction procedure on June 23, 2016, Defendant B filed an application for an order of real estate delivery with I of a court such as Busan District Court H, and acquired possession of each of the instant real estate on July 7, 2016 in accordance with the order of delivery of each of the instant real estate, and leased the real estate listed in attached Table C to Defendant C.

C. Meanwhile, the Plaintiff, along with J, sought payment of the construction cost of KRW 1.48 billion against the non-party company, and filed an application for payment order with the Seoul Western District Court Decision 2012 tea5316, Sept. 27, 2012. In the above auction procedure, the Plaintiff occupied the instant building in order to secure the above construction cost claim, and reported the lien.

On December 29, 2014, the Plaintiff was indicted for obstruction of auction and was sentenced to a suspended sentence of one year on March 10, 2016 in Busan District Court Decision 2014Da10306.

The summary of the facts of the crime was delegated by K, etc., which is a construction business operator, and the plaintiff prepared a contract form with the non-party company and the non-party company as the total construction cost of KRW 1.138 billion, which is the sum of KRW 270,000,000,000 and KRW 1.138,000,000,000,000 for the future construction cost, but it did not incur any claim for the construction cost of KRW 1.138,000,000,000 as if the lien was reported, thereby doing the fairness of auction by fraudulent means.

[Ground of recognition] Each entry of Gap evidence Nos. 2 through 5 (including paper numbers) and all pleadings.

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