동의서무효확인 청구
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Of the costs of lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
(a) The original Defendant is a real estate development company aimed at housing construction, real estate leasing, construction work, etc.;
B. On November 16, 2012, the Plaintiff obtained approval for the housing construction project plan (hereinafter “approval for the housing construction project of this case”) in the same content as the attached Form 2 pursuant to Article 16(1) of the former Housing Act (amended by Act No. 11871, Jun. 4, 2013) by using the land of 61,855 square meters of land, other than Yeongdeungpo-gu C and 21,000 square meters of land, as the business site, from the Yeongdeungpo-gu mayor.
C. Afterwards, the J company entrusted with the land of this case (hereinafter “instant public auction land”) on January 17, 2014, the J company commenced a public auction procedure on the land of this case on the land of this case on which, on January 24, 2014, the K Bank, the creditor of the Plaintiff, filed an application for a voluntary auction procedure on the land of this case with the right to collateral security (hereinafter “instant auction land”). < Amended by Presidential Decree No. 2517, Jan. 24, 2014; Presidential Decree No. 25058, Jan. 24, 2014; Presidential Decree No. 25035, Feb. 24, 2014; Presidential Decree No. 25068, Feb. 23, 2014>
On February 25, 2016, the Plaintiff entered into a contract for acquisition of business rights (hereinafter referred to as “instant contract for acquisition of business rights”) with respect to a multi-family housing development project, the project of which is a multi-family housing project with the land for public sale in this case, including the land for public sale in this case, and the approval of the housing construction project plan in this case (hereinafter referred to as “instant project rights”), and the main contents of which are as follows.
Article 1 (Indication of Transfer Articles) (1) (1) The Yeongdeungpo-gu, Gyeonggi-do and 18 lots (the sum of all the above lands, including the public sale land of this case, the auction land of this case, the land of Young-gu, the land of this case, the answer, V answers, W, and the land of this case hereinafter referred to as the "land of this case") (2) Any rights, such as mortgage, superficies, right to benefit, etc. on the indication of the land of this case (the amount of acquisition by transfer) acquired by the Plaintiff to the Defendant