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1. The Defendant’s KRW 108,842,916 for the Plaintiff and KRW 6% per annum from September 4, 2014 to September 16, 2015.
Reasons
Facts of recognition
The Plaintiff is a person who has exercised the right of retention from August 30, 2002 to the present time with respect to the building on the land B outside Ulsan-gu, Ulsan-gu, and three lots (hereinafter “instant building”) based on the claim for the construction cost against the Vienp Construction Co., Ltd. from August 30, 2002. The Defendant is a person who was awarded a successful bid at the auction procedure of 11-1 of the 11th floor among the instant building.
Around May 2007, D acquired ownership by winning a contract in each auction procedure between the Plaintiff and D, etc. on the instant building, among the instant building, Nos. 8-1, 8-2, 9-1, and 9-2, and Nos. 10-1, 10-2, and 11-1.
Around November 2007, the above D and E drafted the following agreements with the Plaintiff regarding the above seven rooms (hereinafter “the first lien agreement of this case”).
1. Gap (D and E refers to the plaintiff; hereinafter the same shall apply) shall have the right of retention against Eul (hereinafter the same shall apply) at the same time as Gap is paid a sum of KRW 600 million for the total of the 1st, 2, 9th, 10th, 10th, 2, 10th, 10th, 11th and 2th, 10th, 11th in Ulsan Metropolitan City, Nam-gu, and 3rd lots of land;
2. The payment method of the above consideration shall be made individually or comprehensively at the time of the second bank loan to each of the above units or the lease to each of the units, and the method of prior execution shall be selected, and Eul shall provide each of the above units with a waiver of the right of retention for each of the units even when receiving the money individually determined.
3. In order to protect the above rights of Eul, Eul shall grant Eul the right to collateral security of 8th floor 1, 200 million won for 9th class 1, 200 million won for 2nd class 1, 10th class 1, 200 million won for 10th class 2, 100 million won for 11th class 11, and Eul shall grant Eul the right to collateral security of 600 million won for 11th class 11 in its name, and at the same time, Eul shall provide Eul with the right to lease for 5th class 2 above.