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(영문) 광주지방법원목포지원 2014.11.06 2013가합2271
양수금
Text

1. The Defendant shall pay to the Plaintiffs KRW 773,523,286 as well as 20% per annum from February 26, 2014 to the date of full payment.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) reported the lien of KRW 1,400,00,000 on the construction cost claim for the above real estate, G and 17 lots of land (hereinafter collectively referred to as the “instant real estate”), among the above real estate, in the procedure of the public auction of the F real estate rent, which was commenced with respect to real estate, including the 42 square meters of parking lot E in Pyeongtaek-si.

B. On October 26, 2009, the Defendant and H received from the auction court a decision to permit the sale of the instant real estate (sale price of KRW 4,300,100,000).

C. As the Defendant’s representative on February 9, 2010, a letter of agreement was drawn up between I and D as follows (hereinafter “instant letter of agreement”; and the letter of agreement in this case was attached to the letter of agreement stating that “the Defendant shall delegate all rights regarding the above F Auction case to I” (hereinafter “instant agreement”); and the power of delegation drawn up around November 2009 was attached to the letter of agreement in this case, and the Defendant’s seal was affixed at the bottom of the power of delegation.

As the lien holder of the Gwangju District Court 1,000,000 won for consultation amount, the letter of waiver of lien shall be submitted to implement the following:

- Amount paid at the time of bank loans: 100,000,000 - Amount of mortgage creation: 900,000,000 - Amount of mortgage creation - amount of security offered to banks in the following order:

(b) - The cost of establishment shall be borne by the debtor and the pledger.

- The due date for payment shall be no later than three months from the date of bank creation (by no later than May 8, 2010): Provided, That an agreement shall be reached at two percent per month for delay damages. - All documents necessary for the establishment of the right to collateral security in the order following the establishment of the bank shall be agreed simultaneously at the time of the preparation of bank establishment documents.

D The same day ( February 9, 2010) submitted a memorandum of lien waiver to an auction court in accordance with the instant letter of agreement, and the Defendant and H completed the registration of ownership transfer concerning the instant real estate around February 10, 2010.

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