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(영문) 대전지방법원 2019.04.09 2018가단200263
배당이의
Text

1. The plaintiff's lawsuit against the defendant B is dismissed.

2. The Plaintiff’s claim against Defendant C.

Reasons

1. Basic facts

A. The Defendant Company, as the owner of the real estate listed in the separate sheet (hereinafter “instant land”), was constructing a new building on the real estate stated in the separate sheet (hereinafter “instant land”) owned by the Defendant Company with the approval of the housing construction project plan (hereinafter “instant project right”) as the owner of the instant land in the instant land. Upon the application of the HFF Cooperative, the Defendant Company suspended the construction of the instant land when the voluntary auction procedure (SIB International Real Estate Auction, hereinafter “transfer auction”) was conducted on the instant land.

B. The Plaintiff and JJ, together with the Plaintiff, agreed to implement the new building project upon receiving a successful bid of the instant land in the previous auction procedure.

C. On August 5, 2014, the J agreed on August 5, 2014 between the Defendant Company and J agreed with K, which is the actual operator of the Defendant Company, to clarify the legal relationship of the instant land and the disposal of the above-ground buildings.

The defendant company should not obstruct the construction of a building on the land of this case by transferring the right to the building during construction to the J and resolving related lien.

As a result, J shall provide K with an economic benefit equivalent to KRW 80 million, and KRW 140 million out of KRW 800 million shall be paid in cash, and KRW 260 million shall be responsible for the loans to the defendant bank of the defendant company, and KRW 400 million shall be sold in lots among the buildings newly constructed by J in the future.

Provided, That if the auction proceeds paid by J exceeds 730 million won, the excess amount shall be borne by K within the limit of 50 million won.

C. On August 5, 2014, J’s successful bid of the instant land and the implementation of the Agreement dated August 5, 2014 (1) J has been awarded a contract in the previous auction procedure on August 12, 2014, in excess of 50,21.1 billion won and over 788,2190,00 won and awarded a contract on September 25, 2014.

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