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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. D’s construction works related to the instant land, etc. 1) D’s filling-up activity of the instant land from E on May 10, 2009 and buildings listed in attached Table 1 subparag. 3 (hereinafter “instant building”).
2) The construction of new construction, etc. (hereinafter “instant construction”)
A) After receiving KRW 200 million for the construction cost, the construction was completed, but the land and buildings of this case were not paid KRW 150 million among the construction price of this case from E, and as a result, D had occupied the land and buildings of this case to exercise lien. (2) around September 201, 201, D applied for payment order against E seeking payment of KRW 150 million for the payment of the unpaid construction cost and the delayed payment thereof (Jean District Court Decision 201Da3188, Namyangan District Court Decision 2011Da3188). On September 14, 2011, the above court issued a payment order with the content that “E shall pay to D KRW 150 million and the amount equivalent to KRW 20% per annum from the day following the delivery of the duplicate of the payment order of this case to the day of full payment, E was served with the above payment order on September 20, 2011 and the aforementioned objection was not finalized.
B. On May 7, 2010, F Co., Ltd. F (hereinafter “F”) received from F Co., Ltd. F (hereinafter “F”) the construction cost of KRW 35 million for the installation of the main gate and fence on the boundary of the instant land from E.
Accordingly, F installed the main gate and fence around the instant land, but it did not receive construction payment from E.
C. F and Defendant C’s possession, etc. of the instant land and buildings was not paid the construction cost by E, and as at the time of the construction of the said main gate and fence, F left one container installed on the instant land as they were after the completion of the construction work, and possessed the instant land and buildings by means of marking that a lien is being exercised on the main gate or fence, placing a gate locked. (2) On the other hand, D was KRW 150 million against E on August 13, 2012.