근저당권설정등기말소 청구의 소
1.The judgment of the first instance shall be modified as follows:
The plaintiff's defendant is Busan Jung-gu C, D, E. Ground.
1. Basic facts
A. 1) On September 15, 2010, the Plaintiff entered into a contract with the Defendant on September 15, 2010, the 10th floor building of reinforced concrete structure C, D, and E (hereinafter “instant building”).
) The contract to newly construct the contract (hereinafter referred to as “instant contract”).
(2) At the time of the conclusion of the said contract, F prepared an additional contract form (hereinafter referred to as “instant contract form”) stating the construction cost in the form of KRW 3,600,000,000 (excluding value-added tax) in addition to the actual contract form (hereinafter referred to as “instant contract form”) that stated the construction cost in the form of KRW 4,100,000 (excluding value-added tax) and delivered only the instant contract form to the Plaintiff.
3) The Defendant completed the instant building on or around December 2, 201, and the Plaintiff paid 3,408,500,000 won in total to the Defendant over 19 times from May 6, 2010 to December 22, 2011. (b) The settlement agreement for construction price settlement 1) the Plaintiff and the Defendant reached an agreement on March 30, 2012 regarding the unpaid construction price that the Plaintiff has to pay to the Defendant as follows:
(hereinafter referred to as “instant settlement agreement”) . 1. The settlement of the construction amount “A (the plaintiff, the same hereinafter)” and “B (the defendant, the same hereinafter)” will settle the balance and all of the costs of the construction of J building (including the cost of repair of defects) with the following amounts under mutual agreement:
1) The settlement amount of the settlement amount of “A” and “B”: the settlement amount of the settlement amount of KRW 958,500,000,000,000,000 for Japan and KRW 958,500,000,000) 2, “A” and “B” shall settle all financial relations with respect to the construction of J buildings in the Jung-gu, Busan Metropolitan City and two lots of land, which was concluded on September 15, 2010 with the settlement amount of the settlement amount, and shall not raise any objection after the others, and shall not raise any civil or criminal objection.
3. 1) “A” shall pay 50,000,000 n n n n n n n n n n n n n n n n n n n n.