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1. The judgment of the first instance court, including a claim partially modified in the trial, shall be modified as follows:
Reasons
1. Basic facts
1. The plaintiff and B pay KRW 900 million to the defendant, and at the same time the defendant establishes a provisional registration and a right to collateral security on the land of this case to the plaintiff and B.
In addition, the defendant will dispose of all bonds and bank account obligations established on the land of the business of this case and cancel them.
2. The plaintiff and B shall pay to the defendant by the following means:
90 million won shall be paid at the time of the contract, and the defendant shall receive it. When the ownership transfer provisional registration and the right to collateral security are established, 210 million won shall be paid.
(within 1 week after the contract). The defendant shall arrange all the bonds borrowed from the land of this case as security within 10 days after the establishment of the right to collateral security.
The plaintiff and B shall pay the remaining KRW 600,000 within six months, and the defendant shall dispose of the bank's liabilities borrowed from the land for this case as security and terminate the auction.
3. The Defendant is responsible and completed the removal by proceeding with the removal of the building without permission on the land for the instant project.
4. The expenses for resettlement and civil engineering works of unauthorized householders shall run using finance of the instant project land in the future.
5. The recovery of the investment amount of the Plaintiff and B shall be collected in preference to all others, except for the expenses of migration and civil engineering through bank loans.
6. The remainder of the proceeds calculated by subtracting KRW 900 million from the land sales cost will be divided into 70% of the Plaintiff and B, and 30% of the Defendant.
Upon the commencement of the voluntary auction procedure on the land outside C and 24 lots (hereinafter referred to as the “instant land”), the Defendant (Hudson Co., Ltd.) made an agreement to dispose of the instant land and distribute the proceeds therefrom to the Plaintiff and B, on August 16, 2010, with the Plaintiff and B, with the Plaintiff on August 16, 2010, on the investment of KRW 900,000,000 by the Plaintiff and B as follows: (a) withdraw an auction with the repayment of the obligation secured by the instant land; and (b) make an agreement to dispose of the instant land and distribute
hereinafter “instant agreement”).