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(영문) 서울고등법원 2016.09.07 2016나2002220

약정금지급

Text

1. The part of the appeal filed by the plaintiff A and the part of the appeal filed by the independent party intervenor B, which is bankrupt.

Reasons

1. Basic facts

A. The commencement of the discretionary auction procedure on the instant real estate 1) Plaintiff A Co., Ltd. (the trade name before the change: D; hereinafter “Plaintiff Co., Ltd.”)

(2) Plaintiff B and his spouse jointly owned the land F, G, H, I, and J innju City F, G, H, I, and J.

3) On April 20, 2005, Plaintiff B (hereinafter “FFFFF”) is an agricultural cooperative in female on April 20, 2005.

(2) The sum of the above land and buildings (hereinafter referred to as “instant real estate”) shall be the same as the sum of the above land and buildings.

4) On May 29, 2012, NFF requested a voluntary auction with respect to the above real estate at LFFF branch around the Suwon District Court, and on May 29, 2012, NFF branch decided to commence voluntary auction and entered the said decision in the register on the same day.

B. On August 31, 2012, L submitted an application for report on the right and demand for distribution to the court of auction, asserting that L is a lease deposit with respect to each of the instant real estate, as well as N (lease deposit) KRW 130 million on August 31, 2012, KRW 130 million on August 31, 2012, KRW 15 million on Esck Co., Ltd., KRW 50 million on August 31, 2012, and KRW 50 million on September 3, 2012.2) According to the detailed statement of goods sold at the auction procedure of the instant case, in addition to the above lessee, it was written by N (Lease deposit amount of KRW 80 million) andO as lessee.

3) Meanwhile, on June 17, 2013, the Plaintiff Company reported the lien of KRW 515 million (hereinafter “instant lien”) to the Auction Court on the ground that “The Plaintiff Company entered into a contract for the increased and decreased construction cost of KRW 515 million for the instant building among the instant real estate, and failed to receive the construction cost even after the completion of the construction work.”

(C) The Plaintiffs entered into the instant arrangement. (C) On August 23, 2012, the instant real estate was a broker of P (name: Q).