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(영문) 서울중앙지방법원 2017.01.20 2014가합549142

가등기절차 이행 등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 237,382,137 to the Plaintiff (Counterclaim Defendant) and its related amount from December 5, 2014 to January 20, 2017.

Reasons

Basic Facts

On August 16, 2010, the Plaintiff, B, and the Defendant (former Mutual Dodson Co., Ltd.) concluded the following agreements (hereinafter referred to as the “instant agreement”) with respect to the project for the development of land (director’s “instant land”) (hereinafter referred to as the “instant project”) on the land (hereinafter referred to as the “instant project”).

1. The plaintiff and B pay KRW 900 million to the defendant, and at the same time the defendant establishes a provisional registration and a right to collateral security on the land of this case to the plaintiff and B.

The defendant shall adjust and cancel all the bonds and bank bills established on the land of the business of this case.

2. The plaintiff and B shall pay to the defendant by the following means:

90 million won shall be paid at the time of the contract, and the defendant shall receive it. When the ownership transfer provisional registration and the right to collateral security are established, 210 million won shall be paid.

(within 1 week after the contract). The defendant shall arrange all the bonds borrowed from the land of this case as security within 10 days after the establishment of the right to collateral security.

The plaintiff and B shall pay the remaining KRW 600,000 within six months, and the defendant shall dispose of the bank rights debt borrowed from the land of this case as security and terminate the auction.

3. The Defendant is responsible and completed the removal by proceeding with the removal of the building without permission on the land for the instant project.

4. The expenses for resettlement and civil engineering works of unauthorized householders shall run using finance of the instant project land in the future.

5. The recovery of the investment amount of the Plaintiff and B shall be collected in preference to all others, except for the expenses of migration and civil engineering through bank loans.

6. The remainder of the proceeds calculated by subtracting KRW 900 million from the future land sales cost shall be divided into 70% of the Plaintiff and B, and 30% of the Defendant.

Pursuant to the instant agreement, the Plaintiff paid KRW 90 million on the date of the contract, KRW 210 million on August 24, 2010, KRW 50 million on August 27, 2010, KRW 350 million on August 27, 2010, KRW 200 million on December 15, 2010, respectively, to the Defendant.

The defendant.