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(영문) 대전고등법원 2020.11.25 2020나12156
약정금
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The judgment of the first instance is modified as follows.

All of the plaintiff's claims are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

Basic Facts

B From among the nine-story buildings D on the ground of the 9th floor, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, that was launched on June 9, 2008, B obtained a decision of permission for sale by filing a purchase report at the cost of KRW 910 million on February 2, 2010 in the voluntary auction procedure ( Daejeon District Court T) concerning E, F, G, H, I, J, K, H, L, M, and N (hereinafter “instant building”). In the above procedure, the sum of lien holders and the secured claims of the lien reported on the instant building was as specified in the following table:

The details and amount of the secured claim held by the person who filed a lien report (C) 15,00,000 construction costs of 350,000,000,000 2 LAB project costs of 115,000,000 construction costs of 350,000,000 construction costs of 3 AB companies (Z, AA) construction costs of 52,800,000 construction costs of 4 AB companies (AC), 78,000,000 construction costs of 58,000,000 U, AD construction offices, V, P2-9,045,000,000,0000,0000 or more of 1,259,000,000,000 or more of 1,259,000,000,000,000 or more of 1,50,000,00

B paid all purchase price of KRW 910 million in the above voluntary auction procedure on March 23, 2010. On April 23, 2010, the registration of ownership transfer was completed on the ground of sale due to voluntary auction.

B, P, andO decided to conduct a partnership business with the Plaintiff to raise funds for the above partnership business around April 2010, and entered into a partnership business agreement with respect to the building of this case as follows (hereinafter “instant partnership business agreement”).

B The share ratio of the instant building is “B: P andO: The Plaintiff = 2: 1: 1.

The plaintiff shall pay KRW 450 million to B and KRW 185 million to the lien holder of the building of this case.

P andO resolves the lien problem concerning the building of this case.

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