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(영문) 수원지방법원안양지원 2019.06.21 2017가합103981
근저당권말소
Text

1. The Defendants are attached to the Plaintiff A with respect to each real estate listed in the separate sheet Nos. 1 through 3.

Reasons

1. Basic facts

A. A contract for a construction project between the Plaintiffs and F Co., Ltd. 1) The Plaintiff owned the real estate listed in the separate sheet Nos. 1 through 3, and the Plaintiff B owned the real estate listed in the separate sheet Nos. 4. 2) around April 20, 2016, the Plaintiffs concluded a contract for a construction project that constructs three new multi-household houses on the ground of the land listed in the separate sheet Nos. 1 through 4, and each real estate listed in the separate sheet Nos. 1 (hereinafter “F”) and the land listed in the separate sheet (hereinafter “each real estate of this case”) and

(hereinafter referred to as the “instant construction”). The construction cost of the construction per year (including Won and value added tax) is 1 king-si Hadong-type multi-household construction work 1,208,944,000 Hado-dong-type multi-household-type multi-household-type construction work 643,753,000 Hado-si Hado-type multi-household-type multi-household-type construction work 813,91,000 Ydong-dong multi-household-type (including KRW 2,66,68,000 Gohap-type multi-household-type construction work

B. On April 29, 2016, the Plaintiffs were confirmed as follows with respect to F and the payment of the instant construction cost (hereinafter “instant confirmation”) as follows.

On May 13, 2016, a notary public obtained a letter certification (No. 1639) from a law firm I on May 13, 2016. The location of the certificate of payment of construction cost: J, K, L, M: The total construction cost of new construction of multi-family housing: 2,66,68,000 won (preparation of a construction contract) : 【1,000,000 won: the project owner (Plaintiffs) and the contractor (F) shall prepare the said certificate under an agreement and notarized as follows. 1. The project owner agrees to establish a collateral mortgage against the Defendant C who is designated by the Corporation on the remainder of the construction cost at the above site. The project owner on February 2, 2002 shall verify the balance of the construction cost after completing the construction work at the same time as the above site building at the same time.

3. The trial corporation shall terminate the creation of the collateral security by Defendant C.

4. The balance of the construction cost shall be the project owner and the contractor when dealing with paragraph (2).

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