소유권이전등기말소등기 등 청구의 소
1. As to the portion of 1/3 of the real estate listed in the separate sheet to the Plaintiff:
A. Defendant B is a Suwon District Court’s inner branch.
1. Facts of recognition;
A. On November 2, 2006, with respect to the F Building Nos. 4 G and H I in Suwon-gu, Suwon-si, Suwon-si (hereinafter “instant building”), the Suwon District Court Jed the auction of real estate (hereinafter “instant auction”) in the process.
B. On February 7, 2007, Defendant C (K prior to the opening of name) drafted an agreement on behalf of the lessee of the instant building to preferentially pay KRW 1,125,00,000 to Defendant C, the possessor of the right of retention, when the Defendant B, who was the possessor of the right of retention, agreed with the lessee of the instant building, to preferentially pay KRW 1,125,00,000 to the Defendant C, on behalf of the lessee of the instant building.
On the other hand, L, the owner of the building of this case at the time of the same day, prepared a letter of commitment to the defendant C, etc., stating that "the defendant B would not raise an objection when filing an application for payment order in relation to the construction price," and stated in the above letter that "the defendant C returned a letter of commitment at the time of the confirmation of payment order and confirmed that it is invalid."
C. On February 9, 2007, Defendant B reported the claim for construction cost equivalent to L 1,400,000,000 won based on the false contract for interior works of the instant building, and the right of retention based thereon, and filed an application for payment order against L on February 12, 2007 for payment order seeking KRW 1,40,000,000 and delay damages.
L did not object to the above payment order, and the payment order was finalized. D.
On October 21, 2009, Defendant B prepared a memorandum of waiver of the agreement on the right of retention to the Plaintiff, stating that “The Plaintiff, who wishes to obtain the successful bid of the instant building, shall give up the right of retention and cooperate at the time of the buyer’s request for all kinds of documents (contracts, specifications, etc.) with the Plaintiff regarding the right of retention.”
E. On February 24, 2010, the Plaintiff and M were awarded a successful bid for the instant building during the said voluntary auction procedure, and on the Plaintiff’s share 4/9, and M were as to the share 5/9.