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(영문) 대전지방법원천안지원 2016.09.23 2015가합103121
손해배상(기)
Text

1. The Defendants jointly share KRW 300,000,000 to Plaintiff A and Defendant C with respect thereto from December 25, 2015.

Reasons

1. Basic facts

A. 1) The status of the parties, etc. 1) “F” (hereinafter “instant building”) which is a reinforced concrete structure (refinite) and 3 underground floors above the ground and 9 floors above the ground located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Incheon

As an aggregate building, section for exclusive use is only No. 101 of the first floor (hereinafter referred to as “No. 101”), and the remainder of the partitioned buildings shall also be indicated in the same manner.

(2) The Plaintiff is the Plaintiff’s husband, who purchased the instant building from the U&S only company specializing in the primary asset-backed securitization (hereinafter “NW”), and the Plaintiff is the Plaintiff’s husband.

3) Defendant D Co., Ltd. (hereinafter “D”)

A) Defendant C is a company mainly engaged in the removal business and construction business of the instant building, and Defendant C is a registration director of the instant building. From 2008, Defendant D has been performing construction business of the instant building since 2008. However, Defendant D did not receive the construction cost from the building owner and did not receive the construction cost, and had filed a lien report on the instant building after December 31, 2010 and claimed a lien.

B. Voluntary auction and acquisition of Plaintiff A’s ownership of the instant building 1) On August 24, 2009, the National Agricultural Cooperative Federation of Korea (hereinafter “CF”) is the National Agricultural Cooperative Federation of Korea on August 24, 2009

(2) On July 7, 2010, the establishment registration of the instant building was completed due to the maximum debt amount of 6.5 billion won. On the same day, the Agricultural Cooperatives Federation filed an application for voluntary auction of the instant building to G with the competent court on July 7, 2010, and accordingly, the registration of voluntary auction commencement was completed on the same day. (2) UAW was awarded the instant building on November 16, 201 during the said voluntary auction procedure, and completed the registration of ownership transfer on the instant building on December 2, 2011.

3..

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