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1. As to each land listed in the attached Tables 1 and 2 and each building listed in the attached Tables 3, the Defendant on May 9, 2014.
Reasons
1. Facts of recognition;
A. On June 2013, the Plaintiff was awarded a contract with the Defendant for the structural construction, etc. of a new pentan (hereinafter “instant pentan”) on the land outside the J of Yangju-si and 15 parcels on the ground (hereinafter “instant pentan”).
B. As of September 2, 2013, the Plaintiff had been performing the instant construction project, the unpaid construction cost of KRW 2,424,870,00 (including value-added tax) was determined and awarded a contract from the Defendant as KRW 3,806,00 (including value-added tax) with respect to the remaining new construction works of the instant penty and ancillary construction works, and the payment of KRW 6,230,870,00 (including value-added tax) with a view to securing the payment of the aggregate of the accrued construction cost and the remaining construction cost (including value-added tax). On the same day, a contract was concluded between the Plaintiff and the Defendant for transferring and taking over all the Defendant’s shares and management rights as the Plaintiff’s shares (hereinafter “instant acquisition price”). From 30,870,000,000 for the remaining new construction works of the instant penty and ancillary construction works, the contract was concluded between the Plaintiff and the Defendant from 300,1300 to 14,100.
The main contents of the contract and construction contract are as follows.
It is confirmed that the construction funds, including the Plaintiff’s additional tax, are KRW 2,424,870,000 for the existing construction funds and KRW 3,806,000 for the remaining construction funds to be implemented in the future, and KRW 6,230,870,000 for the remaining construction funds to be implemented in the future.
All shares of L, M, N andO and their management rights shall be transferred to P, Q and R in order to secure the payment of existing construction funds prescribed in Article 3 and the payment of construction funds to be executed in the future.
Article 5 Within 45 days after the completion of the instant pension, the loans secured by the first priority of the instant pension and the proceeds from the sale of the pention are KRW 4 billion out of the construction cost of the Plaintiff under Article 2.