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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff has a claim for the construction cost as to the building indicated in the attached Form “building” (hereinafter “instant building”), and the Defendant is the owner of the said building.
B. On June 28, 2001, the Korea-U.S. Comprehensive Construction Co., Ltd. (hereinafter “Korea-U.S. Construction”) contracted with I for a new construction of “D” building located in Seocheon-gu, Seocheon-gu, Busan, including the instant building, and completed the said construction around December 2002.
I completed the registration of initial ownership of the instant building on March 17, 2003.
C. The judgment of the first instance court (Seoul Central District Court 2003Gahap79807) which was rendered on August 9, 2005 against I filed a lawsuit against I for the said construction cost, and the purport of the judgment above is that I is obliged to pay to Han Construction the said construction cost of KRW 400,000,000, and damages for delay thereof (hereinafter “the construction cost of this case”).
Although I appealed against this, on May 16, 2006, the judgment of dismissal of an appeal (Seoul High Court 2005Na71538) was sentenced and confirmed on June 14, 2006.
Han-ju Construction transferred the instant claim for construction cost to E on April 11, 2007, and the voluntary auction procedure (JJ for the Busan District Court Branch Branch Branch) regarding the instant building was in progress on February 19, 2009, and the Defendant purchased the said building at the above auction procedure on February 19, 2009, and completed the registration of ownership transfer on March 2, 2009.
E. On June 14, 2011, the Plaintiff acquired from E an amount equivalent to 15% of the instant claim for construction price from E, and possessed the instant building jointly with E from June 28, 2011.
The Defendant filed a claim against the Plaintiff and E for extradition of the instant building, and the judgment of the first instance court rendered on February 7, 2012 (Seoul District Court Branch Decision 201Da21732, 201Gadan3064 (merged) Decided February 7, 2012) is partly accepting the Defendant’s claim.