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(영문) 청주지방법원 2018.07.04 2017가합202286
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 is a company that aims at real estate development projects, etc., and C (hereinafter “C”) is a company that engages in construction projects, etc., and D Co., Ltd. (hereinafter “D”) is a company that aims at real estate development projects, etc., and the Plaintiff and C are operated by the same company that is substantially identical, such as almost identical members and sharing of finances.

B. 1) On July 8, 2015, D entered into a construction contract agreement with C to build a multi-family housing unit E in the petition-gu, Cheongju-si, and Article 6(1) and (2) related to the instant case (hereinafter referred to as “instant transfer security agreement”).

As listed below. The Agreement on the Contract of Construction (hereinafter referred to as “A” and “B” are referred to as “A” and “D”.

Construction Contract-Related

1. Construction name: New construction works of the F in Chungcheong-si, Chungcheong-do;

2. Location of business: Article 6 of the Terms and Conditions of the Contract Agreement for Construction Works in the E-Gu, Chungcheongnam-si, Chungcheongbuk-si.

1. “A” lends “B” with this contract and simultaneously lends “B million won (240,000,000 won)” to “B”, and “B” with the approval of the project in question, redeems the above loan upon the payment of the balance of the land in the project site of “A” after the approval of the project in question.

2. The term “B” means a security by transferring the ownership of the Gtel H 1st floor (hereinafter “instant building”) owned by “B” as at the time of the payment of the loan under the preceding one of “A” to “B” (hereinafter “instant building”).

3. “A” lends “B” the remainder of the land in question (300,000,000 won) to “B” for the support of the remainder of the project site in “B” (hereinafter “Cheongju-si”) and “B” is repaid when the remainder of the land in question is paid.

4. The term “B” shall set up a subordinate collateral security and superficies, the amount of which is equivalent to 130% of the loan, at the time of granting the loan under the preceding three paragraphs, to “A”, and at that time, to “A”.

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