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(영문) 청주지방법원 2016.02.18 2015가단103753
가등기말소
Text

1. As to the Plaintiff: (a) 2328 square meters in the petitioner-gu, Cheongju-si; (b)

A. Defendant B Co., Ltd. is the Cheongju District Court on May 16, 2014.

Reasons

1. On February 4, 2014, the Plaintiff entered into a contract (hereinafter “instant contract for construction”) with the owner who completed the registration of ownership transfer with respect to the land of 2328 square meters (hereinafter “instant land”). On January 17, 2014, the Plaintiff entered into a contract with the Defendant B Co., Ltd. (hereinafter “Defendant Company”) and the construction that newly constructs multi-household housing on the instant land (hereinafter “instant construction”) to contract for construction cost of KRW 1.32 million (hereinafter “instant construction contract”).

With respect to the payment of the instant construction cost on March 21, 2014, the Plaintiff and the Defendant Company agreed to obtain a loan from Defendant Chang New Credit Union (hereinafter “Defendant Chang New Credit Union”) as collateral and to pay KRW 300 million out of the loan to Defendant Chang New Credit Union at the time of completion of the framework construction up to four floors.

On the other hand, on April 24, 2014, Nonparty E received a ruling of provisional seizure against the Plaintiff on the instant land from the Cheongju District Court 2014Kadan1203, and on the same day, the registration of provisional seizure against the instant land (the claimed amounting to KRW 89,359,860; hereinafter “registration of provisional seizure”) was completed.

On May 16, 2014, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of the Defendant Company”) on May 14, 2014 with respect to the instant land to the Defendant Company on May 16, 2014.

When the existence of the registration of provisional seizure of this case was at issue regarding the borrowing of the land of this case from the Chang New University as collateral, the plaintiff, defendant company, and the above provisional seizure obligee E drafted a written agreement (hereinafter "the agreement of this case") with the following contents on June 5, 2014.

1. E is to terminate a provisional attachment on the land of this case.

The Plaintiff shall pay E, on June 9, 2014, the amount of KRW 25,00,000,000 to E, and the Defendant Company shall pay on behalf of the Plaintiff the said amount for the remainder use of land price.

2. The plaintiff and E shall pay the above amount at the same time.

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