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(영문) 서울북부지방법원 2018.07.19 2016가합25519
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff had a claim for the construction cost of KRW 1.3 billion against F Co., Ltd. (hereinafter “F”), a executing company, due to construction works on the land building E (hereinafter “Cdong store”) in Namyang-si, Namyang-si, Seoul (the name of the administrative district was changed to Ddong). Of the above construction cost, the Plaintiff was paid KRW 6.4 billion in payment in lieu of Cdong shopping G, H, I, and J.

B. F, upon withdrawal of the procedure for compulsory auction requested by creditors K for Cdong commercial buildings, sold the Cdong commercial buildings to the Defendant around November 29, 2013 in order to raise money to sell the Cdong commercial buildings normally. Around November 29, 2013, the F sold each of the Cdong commercial buildings L and M to KRW 150 million in total (30 million in total).

On December 4, 2013, the defendant paid 300 million won to N.

C. Since Cdong Commercial Building has not yet secured the right to use the site and there have been a large number of provisional seizures, there was a concern that even if purchasing commercial building, it could not acquire the full ownership of Cdong Commercial Building, and the defendant demanded F to provide a security in preparation for the failure to acquire the full ownership of Cdong Commercial Building L and M.

Plaintiff

And the plaintiff's subcontractor, N, the subcontractor, provided a security to the defendant at the request of F, on the premise that the Cdong commercial building can receive their construction cost normally to be sold.

Accordingly, the Plaintiff exchanged with Q, R, S, T, U, V, X, X, Y, Z, AAA, AAB, AD, AE, AF, AH, and then offered 18 Ptel Ptel as security to the Defendant.

E. Specific collateral details are the following: (a) on November 29, 2013, the Plaintiff created a right to collateral security with a maximum debt amount of KRW 390 million with respect to Ptel 17 debentures (excluding Qhos) to the Defendant; and (b) if the problems such as the right to use the site are not resolved, 17 Ptel debentures shall be transferred to the Defendant; and (c) the Defendant bought them in lots.

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