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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Seoul Central District Court F [G, H (Joint), I (Joint), J, K, L (Joint), and the auction of this case (hereinafter “instant auction”) was conducted with respect to the E-building located in the Seoul Special Metropolitan City, Gwanak-gu and four lots (hereinafter “instant loan”).
Attached Form
Each real estate listed in the list (hereinafter referred to as "each real estate of this case") is part of the loan of this case.
B. On January 23, 2013, in the instant auction procedure, the Plaintiff asserted that, with respect to the instant construction of the loan, the owner of the loan, M, N,O, and P, the Plaintiff has a claim for the construction cost of KRW 1.15 billion, which is the owner of the loan, and reported the right of retention.
C. On the other hand, on November 12, 2012, the Plaintiff came to know Q, the husband of Defendant C, and entered into an agreement on the auction of this case with Defendant C, R, S, and T.
its key
The content is that the auction proceeds of the loan of this case shall be paid by Defendant C with the bonds of this case, but the down payment of KRW 150 million shall be paid by R, and the balance shall be calculated based on the 1/13 share, and each party to the contract shall pay the balance, and the name of the plaintiff who is the lien holder shall be responsible and dealt with.
After that, the Plaintiff, instead of R in the above agreement, added Defendant B to the contracting parties, and the Plaintiff, at that time, was in short of the auction price to be paid, drafted a written agreement on the loan of auction price and the transfer of ownership of the successful bid real estate on March 5, 2013.
(hereinafter “instant performance agreement.” The main content is that “Defendant B lends KRW 300 million to the Plaintiff as part of the successful bid price for the share 4/13 of the instant loan loan, and if the Plaintiff pays KRW 400 million to Defendant B including the said KRW 300 million, Defendant B transfers its ownership of the share 4/13 of the instant loan loan that was awarded to the Plaintiff.”
E. The instant implementation agreement stipulated the Plaintiff’s duty to give up the right of retention (Paragraph 6). Accordingly, the Plaintiff’s obligation to give up the right of retention on March 29, 2013.