beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Occurrence of liability to pay agreed amounts;
A. The Plaintiff reported the lien of KRW 110,000,000 in a voluntary auction procedure for real estate, such as the Daegu District Court Kimcheon-do Branching D, concerning the land for factory C 864 square meters (hereinafter “instant real estate”).
Around August 19, 2005, while the Defendant was seeking a successful bid for the instant real estate, etc. in the above auction procedure under the name of the wife E, the Plaintiff renounced the right of retention when the Defendant was awarded a successful bid for the instant real estate, etc. in the name of E, and instead, the Defendant agreed to pay the Plaintiff KRW 77,000,000,000, which is 70% of the reported amount of the right of retention, to the Plaintiff on the day following the completion of the registration of ownership transfer for the instant real estate, etc.
(hereinafter “Agreement on August 19, 2005”) [However, the notarial deeds (Evidence A) No. 6536, 2005 and No. 6536, a notary public of the foregoing content was prepared in the name of E on behalf of the Defendant]. However, the Defendant did not pay KRW 77,00,000 agreed that the Plaintiff did not complete the registration of the establishment of a neighboring mortgage even when he was awarded a successful bid for the instant real estate under the name of E and completed the registration of the transfer of ownership around July 25, 2006.
Accordingly, on August 18, 2006, the Plaintiff was decided to temporarily dispose of the instant real estate as the Daegu District Court Kimcheon-gu 2006Kadan1576.
Accordingly, the Defendant again agreed that the Plaintiff will pay 33,00,000,000 won, which is 30% of the reported amount of the lien, in return for the waiver of the right of retention, by reAdjustment of the amount, etc. as stipulated in the agreement made on October 20, 2006 between the Plaintiff and the Plaintiff on August 19, 2005.
(hereinafter “Agreement of October 20, 2006”) [Written Agreement of October 20, 2006 (No. 1-2) also was written in the name of E]. However, the Defendant failed to pay the above amount again, instead of paying it again, on November 6, 2006, the real estate of this case as security for the above amount to the Plaintiff in the name of E.