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(영문) 수원지방법원안양지원 2015.04.30 2014가단113126

근저당권말소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. CHousing Reconstruction and Improvement Project Association (hereinafter referred to as “Nonindicted Cooperative”) shall issue a promissory note of KRW 200 million to secure damages caused by the invalidity of the agreement after the Defendant won won won won won was won in winning the agreement and the Defendant did not submit a written consent for establishing the association on July 23, 2012. ① Nonparty Union shall purchase the Defendant’s real property, paid the remainder of KRW 200 million on that day, and paid the remainder of KRW 200 million on the date of public announcement of project implementation authorization, and the remainder shall be paid within 150 days from the date of public announcement of project implementation authorization. ② In relation to the Suwon District Court case 201Gahap6569 (hereinafter referred to as “related case”), the head of Suwon District Court rendered favorable payment of attorney’s fees, etc., and ③ The Nonparty Union may not claim a return against KRW 400 million on the implementation letter if it fails to pay any balance within one year from

(Article 6) has agreed on the contents of the agreement.

(No. 1872 of the Ministry of Foreign Affairs, Law Firm, etc., Law Firm, Law Firm, etc., 2012; hereinafter “the first agreement”).

B. Accordingly, ① the Plaintiff, the president of the non-party partnership, the Plaintiff (hereinafter “Plaintiff, etc.”) and the Plaintiff, the head of the non-party partnership, D, and E (hereinafter “Plaintiff, etc.”) have prepared a written statement of performance that the instant first agreement would pay KRW 400 million to the Defendant when the legal effect becomes invalid, cancelled, or terminated due to the cause attributable to the non-party partnership. ② To secure this, the Plaintiff, etc. notarized a promissory note with face value of KRW 200 million to the Defendant (No. 621, 2012, a notary public’s law firm’s certificate), and ③ the non-party partnership and the Plaintiff issued a written statement of performance that would pay KRW 200 million to the Defendant when the legal effect becomes extinct, such as invalidation, cancellation,

C. On July 24, 2012, the non-party union set forth in the first agreement in this case where the defendant won the case in relation to the shares.