유치권부존재확인의 소
1. The defendant shall be the plaintiff.
(a) deliver each real estate listed in the separate sheet;
(b)26,289,253 Won and as regards this;
1. Facts of recognition;
A. B, on June 15, 2006, purchased the land and buildings listed in the separate sheet from C on June 15, 2006 (hereinafter “instant telecom”). The same year
7. 12. The registration of the transfer of ownership as to the instant Monobel was completed by the Gwangju District Court No. 9266.
B. On April 2, 2013, B of the instant construction project, the name of the contract entered into between the Plaintiff and the Defendant with respect to the renovation project of the instant Moel (referring to the interior interior interior interior interior interior interior interior, exterior finishing, waterproof, waterproof, flooring, electricity, and telecommunications rebuilding project for the instant Moel; hereinafter “instant construction project”) is a construction standard subcontract agreement (Evidence 1).
(hereinafter “instant construction contract”) was concluded, and the contract amount is KRW 324,00,000 (excluding value-added tax) and the construction period is from April 8, 2013.
7. 15. The construction cost is to be paid in full within 14 days after completion, but if the construction cost is not paid in full, B entered into a special agreement to transfer the goodwill and ownership of the franchise of this case to Defendant representative director D.
C. B and D’s conclusion of the sales contract and amendment (1) on July 22, 2013, upon entering into a contract to sell the instant cartel to D for KRW 670,000,000 (hereinafter “instant sales contract”), and (1) determine the instant construction cost as KRW 245,000,000; (2) accept payment of KRW 15,00,000,000, excluding KRW 90,000, among them; and (3) until July 30, 2013, D succeeds to the secured debt of KRW 300,000,000 established by the National Bank with respect to the instant cartel (hereinafter “instant sales contract”); and (3) pay the remainder by August 30, 2013.
(2) B and D secured on August 24, 2013, borrowed KRW 550,00,000 from a Korean bank to repay KRW 300,000,000 from a national bank, and reverted the remainder of the loans to B, but B related to the instant project.