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(영문) 수원지방법원 2018.04.12 2017가단16804
구상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On August 17, 2012, Korea-U.S. Construction Industry Co., Ltd. (hereinafter “Korea-U.S. Construction Industry”) filed an application for a payment order with Cheongju District Court 2012j4530 against several comprehensive construction companies (hereinafter “many comprehensive construction companies”) and paid 262,00,000 won to Korea-U.S. Construction Industry and 20% interest per annum from September 11, 2012 until the date of full payment.” The said payment order was finalized on September 25, 2012.

B. In the case of Suwon District Court Decision 2013Kadan1361, Suwon District Court Decision 2013Da1361, May 17, 201, the Defendant applied for provisional seizure of real estate in which the claimed amount is KRW 80,00,000, and the provisional seizure of real estate was issued on September 17, 2013. On the same day, the registration of provisional seizure was completed as to the instant real estate.

Several General Construction Co., Ltd. filed a lawsuit on the claim for construction price against D Co., Ltd. as the District Court Decision 2014Ra1812, March 18, 2014, and rendered a judgment from the above court that “Co., Ltd shall pay to D Co., Ltd. the amount of KRW 80,000,000 and interest calculated at the rate of 20% per annum from January 21, 2014 to the date of complete payment.” The said judgment became final and conclusive on April 8, 2014.

C. The Korea-U.S. Construction Industry applied for a seizure and collection order against KRW 343,90,216 among the judgment amount claims against D Co., Ltd. of Suwon District Court Decision 2014TTT6782, and received a seizure and collection order on April 8, 2014. The said decision was served on D Co., Ltd. on April 10, 2014, and became final and conclusive around that time.

However, D Co., Ltd., the only real estate on September 4, 2014, sold 1/2 shares of each of the instant real estate to the Plaintiffs (hereinafter “instant sales contract”), and completed the registration of ownership transfer on October 8, 2014 to the Plaintiffs as to each of the said shares.

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