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(영문) 창원지방법원 2015.08.20 2015가합427
약정금
Text

1. The Defendants jointly pay KRW 500,000,000 to the Intervenor succeeding to the Plaintiff as well as the full payment from July 10, 2015.

Reasons

1. Basic facts

A. The party-related corporation F is a company established on August 17, 2012 for the purpose of real estate sale business. Since then, the trade name was changed to Defendant D Co., Ltd. (hereinafter “Defendant D”), and Defendant E Co., Ltd. was established on January 15, 2010 for the purpose of construction business, etc., and Defendant E Co., Ltd. was changed to Defendant E Co., Ltd on June 28, 2013 (hereinafter “Defendant E”), Defendant C is the representative director of Defendant D and E, and the Plaintiff’s succeeding intervenor introduced H Co., Ltd. to Defendant E to facilitate the construction of new multi-use commercial building construction and the securing of construction cost.

B. In order to build a new commercial building in each of the instant sites, Defendant E acquired ownership by fully paying the price of each of the instant lands at the auction on April 2, 2010 after the bid on April 2, 2010 at the auction procedure (hereinafter “each of the instant lands” and “the instant construction work”). Each of the instant lands was initiated during the auction procedure where the civil construction works for new apartment building were in progress. As new wind construction corporation, K, and L occupied each of the instant lands and claimed a lien based on the claim for construction price, and K and L claimed a right of retention on the basis of the claim for construction price, and Defendant E claimed a lawsuit for delivery and collection of each of the instant lands against them on May 16, 2012, Defendant E received a judgment of the court of first instance on June 31, 2012 and received a lawsuit for the transfer registration from each of the above sites, and Defendant E received a new trust registration from each of the instant sites, but succeeded to the registration of the transfer from each of the instant sites, and 313.

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