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(영문) 서울중앙지방법원 2018.11.14 2017가합531425

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

. The Plaintiff received on December 29, 2016, and the reservation amount in this case shall be deposited into Defendant KB real estate trust on the day.

③ On January 9, 2017, the Plaintiff received a balance of KRW 992,601,430 and sent a letter of waiver of the right of retention.

T&A paid KRW 400 million to the Plaintiff on December 29, 2016 according to the instant agreement, and paid KRW 588,996,260 out of the instant reservation amount to Defendant D non-real estate trust account on December 29, 2016, and paid KRW 18,402,310 (=10,735,490 KRW 7,66,820) imposed on Defendant D non-real estate trust in relation to the instant business establishment, and paid the instant reservation amount as presented by Defendant D non-real estate trust.

On December 30, 2016, the registration of the trust in the name of the Defendant K non-real estate trust was cancelled for the instant business establishment on December 30, 2016, and the registration of the transfer of ownership in the name of C&A was completed on December 29, 2016.

[Written Waiver of Right of Retention] Amount: 2 billion won* The amount of the right of retention includes separate creditors, and the lien holder receives the amount of the right of retention from the plaintiff and is responsible for and resolving all creditors who occurred at the time of construction.

Provided, That the plaintiff will be responsible even in the case where there is another civil petition or creditor due to a problem other than a separate attachment in the future during the construction period.

[Attachment] - Defendant KB’s lawsuit for real estate trust and seizure property tax (i) 2016Gahap22985, Plaintiff H 2016Gahap25205, C&A, and 2016Gabb, Plaintiff J and C&C, and the seizure obligee’s seizure obligee’s right to claim for real estate transfer registration - Plaintiff’s construction cost is connected to the new construction work and construction work of the instant workplace - Plaintiff’s entire subcontractor’s construction cost is connected to the new construction work of the instant workplace - on January 9, 2016, C&A remitted the remainder of KRW 92,604,430, the remainder of the construction cost to the Plaintiff on January 9, 2016, and the Plaintiff’s lien with the following content.