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1. Revocation of the first instance judgment.
2. Each of the plaintiffs' claims against the defendant are dismissed.
3. The total cost of the lawsuit.
Reasons
Facts of recognition
The Defendant participated in the Daejeon High Court Decision 2014Na14618, which was constituted by the Defendant as the Intervenor to the conciliation of the case involving the delivery of buildings. The Plaintiff in the instant case was a company G, H, I, J, K, K, and E (hereinafter referred to as “stock company individually,” and hereinafter referred to as “five lien holders”). The five lien holders filed a lien on the Seo-gu L site and its ground buildings (hereinafter referred to as “owned real estate”), and filed a claim against the owner for the total of KRW 6,308,897,594 (H: 1,730,369, 369,000; I:767,470,000; J: 310,000; K: 1,294,176,000,0000; 1,297,000,0000, 296,2084,289).
In the above case, the conciliation was concluded on September 19, 2016, and the summary of the part related to the defendant is as follows.
The secured claim under the lien held by five lien holders on the real estate held in custody shall be KRW 4.8 billion, and the defendant shall accept the above debt and pay the above KRW 4.8 billion to five lien holders until November 10, 2016.
(b) 5 persons with the above 4.8 billion won shall immediately deliver the retained real estate to the defendant and waive the lien on the retained real estate.
On July 12, 2017, the Plaintiffs filed an application for provisional attachment with the Daejeon District Court 2017Kadan2964 as to the claim amounting to KRW 250 million against the Defendant of the Daejeon District Court for the provisional attachment order as follows. The Plaintiffs received the provisional attachment order as follows. The indication of the claim to be provisionally attached E excluding the remainder amount of KRW 1,479,00,000,000 paid out of KRW 1,42,00,000,000 paid out of the amount of KRW 1,679,064,000 paid out of the amount of KRW 1,40,000,000 paid out of the amount of KRW 1,479,000,000 to the Plaintiff, and KRW 91,100,000 to the Plaintiff Co. (hereinafter “Plaintiff”) and KRW 58,200,00 to the Plaintiff (hereinafter “Plaintiff”).