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(영문) 수원지방법원안양지원 2014.01.28 2012가단104012
채무 및 유치권 부존재 확인 등
Text

1. The Defendants have a claim and a lien against the Plaintiff A and B as to the buildings listed in paragraphs 1 and 2 of the attached Table.

Reasons

1. Facts of recognition;

A. Each of the lands listed in [Attachment A] 3 through 9 of [Attachment B] List 1] (hereinafter “each of the lands of this case”) of Plaintiff A, B, and E

Plaintiff A and B (hereinafter “Plaintiff A, etc.”) who was the owner of the Plaintiff A and B

(E) Around December 2007, the Plaintiff Co., Ltd. (hereinafter “E”) intended to build and sell a loan on each of the instant land.

) Between the sales contract and the sub-loan construction project for each of the instant lands (after that, it became final and conclusive as a construction and sales project for the third floor and the second floor reinforced concrete building for underground floors, as a multi-unit housing.

The project of this case is referred to as the "project of this case" and the construction work of the above multi-family housing is referred to as the "construction work of this case

The relevant agency service contract was concluded. The main contents of the contract were as follows (the contract execution activities of Plaintiff A et al., including the above sales contract, etc., all of which were concluded by Plaintiff A et al. and the father of Plaintiff B et al., the actual owner of the newly constructed construction of this case.

[Sales Contract] Sales Price : 3,200,000 won: 400,000 won of down payment: 80,000,000 won of the intermediate payment at the time of entering into a contract; 800,000,000 won of the intermediate payment, which is a part of the intermediate payment, shall be paid within 60 days after completion; and 1,560,000,000 won of the intermediate payment, which is a part of the intermediate payment, shall be substituted by acquiring the collateral security obligation of each of the instant land. In principle, real estate trust shall be deemed as a principle. (1) Scope of services (a) E (the contract for the execution of the instant project] ① The selection of the contractor for the instant project, the contract for the construction, the completion of the construction, and the completion of the liability for the funds for the implementation of the instant project; (3) the sale price, the sale commission, the sale agency selection of the sales agency, the settlement of accounts for business, and taxes).

3. The plaintiff A et al. is a non-real estate trust company in accordance with the above sales contract on March 10, 2008.

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