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(영문) 부산지방법원 2016.12.09 2016가단36016
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts of recognition do not conflict between the parties, or may be admitted by taking into account the overall purport of the pleadings as a whole in each entry in Gap evidence Nos. 1, 2, and 1, 2, 4, and 8 (including branch numbers, if any):

1) The Plaintiff Co., Ltd. (hereinafter “C”) shall be the non-party Co., Ltd. (hereinafter “C”).

(2) According to the foregoing installment agreement, the Plaintiff entered into an installment agreement with the purport that: (a) the construction work contracted under the name of the Plaintiff’s responsibility and calculation; and (b) the amount equivalent to 5% of the construction cost is to be paid in installments from C; (c) pursuant to the said installment agreement, the Plaintiff entered into a contract with the head of Ulsan-gun, Ulsan-gun, U.S., under the name of D and E, 131; and (d) the amount of construction cost for the civil engineering work among the neighborhood living facilities on the ground of the land of Ulsan-gun, U.S., Ulsan-gun (hereinafter “instant land”); and (e) the period of construction from December 15, 2008 to March 14, 2009; and (e) it was suspended on or around April 2009.

B. 1) After the progress of the voluntary auction procedure for the instant land, the instant land was commenced on December 28, 201 upon the application of the Defendant Agricultural Cooperative Co., Ltd., the mortgagee of the right to collateral security, and thereafter, on December 28, 2011. 2) Accordingly, C filed a lien report (70,000,000 won for the first report on January 25, 201, and KRW 417,185,000 for the reported amount changed on November 5, 2012) with respect to the said land as the secured claim during the said voluntary auction procedure.

3) In the aforementioned voluntary auction procedure, the instant land was sold to a criminal agricultural cooperative on May 13, 2013. C. The Defendant’s purchase of the instant land and the agreement (the occurrence of a claim for seizure) on the waiver of a lien with C (the occurrence of a claim for seizure) with the Defendant, on December 6, 2013, purchased the instant land from a criminal agricultural cooperative in the amount of KRW 643,00,000 from the proceeds thereof.

2) The Defendant agreed to pay KRW 500,000 as agreed money in lieu of the waiver of the right of retention on the land of this case in the above voluntary auction procedure on the date of purchase (hereinafter “the first agreement”).

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