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(영문) 의정부지방법원 2020.01.16 2017나213716

1. The judgment of the first instance court, including the claims that were reduced and modified by this court, shall be modified as follows:


1. Facts of recognition;

A. C and H agreed to newly construct and sell housing, and on October 4, 2013, concluded a contract with the Plaintiff to contract for the construction of urban-type residential housing (hereinafter “instant building”) on each of the instant land (hereinafter “instant construction”) with the price of KRW 3.468,50 million (hereinafter “instant contract”).

B. On July 2014, the instant construction was interrupted due to the failure to pay progress payment to the subcontractor.

On October 2, 2014, C prepared a written agreement with the Defendant (hereinafter “instant agreement”) with the following contents, and on the same day, C completed the provisional registration of the right to claim transfer of ownership (hereinafter “provisional registration of this case”) for each of the instant land on October 2, 2014 (hereinafter “instant trade reservation”).

With respect to each of the instant lands at the time, the right to collateral security (the maximum amount of claim 600 million won, the debtor C) under the name of JJ on September 26, 201, and K on June 3, 2014, shall be sold to the Defendant each of the instant lands at KRW 720 million (the total amount of KRW 700 million shall be paid in lieu of the acquisition of the secured obligation (the JJ union KRW 50 million, the K union KRW 200 million) established on each of the instant lands), the Defendant shall be granted provisional registration, and the ownership transfer registration of each of the instant lands may be made as a trust company prior to the registration of ownership transfer, and C and the Defendant shall consent thereto without any condition.

C has transferred the name of the building permit for the instant building to the Defendant, and the project after the trust for each of the instant lands has run as the Defendant’s executor.

The maximum amount of collateral security claim(300 million won, debtor C) was set respectively.

C. On December 27, 2014, the Plaintiff and C succeeded to the obligation to pay various construction expenses related to the instant construction project by C, and C succeeds to the Plaintiff KRW 34,980,000 as the settlement amount of the instant contract.