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(영문) 청주지방법원 제천지원 2018.07.19 2017가합10322
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. While the Plaintiff was carrying on D development projects in the Incheon City, Si, C, etc. (hereinafter “instant project”), the Plaintiff transferred all rights under the authorization and permission for D development projects to the Defendant around October 2015, and the Plaintiff transferred all rights to the Defendant, as well as the Plaintiff’s land owned by the former representative director E (hereinafter “F”).

(2) Article 2(1) of the former Act provides that “No. 359 square meters for G, 188 square meters for H, 8,249 square meters for I forest, and 3967 square meters for J forest (hereinafter referred to as “No. 1 land”).

(A) K forest land 13,343 square meters (hereinafter “second land”)

[) The Defendant would be able to acquire the Defendant, and the Defendant paid to the Plaintiff the amount of KRW 1.6 billion and the amount of KRW 1.6 billion to L, and the amount of KRW 700 million out of the above amount of KRW 1.6 billion (hereinafter “instant agreed money”) paid to the Plaintiff at the time of establishment of first priority collective security right in the name of the Defendant or completion of the registration of transfer of ownership under the name of the Defendant with respect to the land owned by E.

(hereinafter “instant agreement”). (b)

At the time of the instant agreement, the joint collateral security was established on the land Nos. 1 and 2, E, BNC Co., Ltd. (hereinafter “Non-MC”) and the maximum debt amount of KRW 390,000,000,000. Of the land Nos. 1 and 2, the joint collateral security was separately established on the land of the debtor E, the mortgagee E, the mortgagee P, the maximum debt amount of KRW 350,000,000,000,000 for the land, and the second land of the debtor E, the mortgagee P, the maximum debt amount of KRW 350,000,000,000.

C. On November 13, 2015, the Defendant paid KRW 100 million to N of the mortgagee N of the right to collateral security and KRW 390 million to N of the right to collateral security on December 9, 2015, KRW 490 million in total, and received KRW 390 million in the name of Defendant representative director Q N of the right to collateral security and completed the registration of ownership transfer on March 4, 2016 in Q Q’s name.

respect the second land.

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