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(영문) 울산지방법원 2014.06.12 2013가합3503

유치권부존재확인

Text

1. As to each real estate listed in paragraphs (1) and (11) of the separate sheet among the instant lawsuits, Defendant A, and Non-Formal Construction Co., Ltd.

Reasons

(c) settle accounts;

2. C shall pay part of the construction cost (1,261,259,000 won) of Defendant A settled as substitute (33 square-type 9 households).

(Amount payable shall be settled in the form of substitute and cash after completion). 4. C and Defendant A shall prepare a sales contract after setting the number of units of substitute and shall not obtain a loan for the number of units received as substitute for the construction cost after completion.

5. Provided, That when Defendant A needs to obtain a loan due to construction works, a loan shall be made through mutual consultation between Defendant A and Defendant A, and the interest on the construction cost incurred by Defendant A shall be borne by Defendant A;

7. In addition, Defendant A’s apartment units with the construction cost from Defendant A as a substitute for the construction cost shall be immediately transferred to Defendant A after completion of the registration.

9. Defendant A will draw up a letter of agreement and obtain a completion within two months after the completion of the agreement is notarized.

C shall make a preservation registration within 10 days after the completion of construction.

Matters of special agreement

1. It shall not be transferable before completion;

2. It shall not be submitted for loans from banks prior to completion;

* In the event that the completion of construction by August 30, 201 has not been completed, the G construction proposal shall be waived.

(A) On July 15, 2011, Defendant A prepared a letter of waiver of the right of retention to the Plaintiff on July 15, 2011, stating that “This contractor shall be the owner of the building and the owner of the building who is concurrently the owner of the building and will waive all rights to the building construction of the real estate even if he takes any legal measures on account of future principal and interest delinquency in the G claim in Ulsan-gun, Ulsan-gun, the owner of the building who has secured the Plaintiff.” (C) On January 12, 2012, the Plaintiff completed the registration of the establishment of the real estate in the name of the Plaintiff, as shown in the table below, with respect to each real estate listed in the separate sheet, in order to secure the above loan obligation.

H C I C’s delay in the performance of the above loan obligation, thereby C lost the benefit of the time limit for the above loan obligation against the Plaintiff.