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(영문) 서울중앙지방법원 2014.10.31 2014가합523751
약정금
Text

1. The Plaintiff; Defendant A and C each KRW 100,000,000; Defendant B and each of them are KRW 95,000,000.

Reasons

1. Basic facts

A. The Plaintiff reported the instant lien entered into a housing construction and site creation contract with E and E and E and 657 square meters (hereinafter “the instant land”) with respect to neighboring land, including the land “the instant land”, Fand 624 square meters (hereinafter “the instant land”) and Fand 658 square meters (hereinafter “the instant land”). The Plaintiff entered into a housing construction and site creation contract with E and E and E and E and E were to build a site for new housing on the said land.

The New Savings Bank Co., Ltd. filed an application for voluntary auction with the Suwon District Court Sung-nam Branch G for the instant real estate, and the said court rendered the said auction procedure on March 6, 2012 (hereinafter referred to as the “instant auction procedure”).

B. On April 12, 2012, the Plaintiff: (a) at the auction of this case on April 12, 2012, KRW 1,397,032,80,000, the price for the construction of the above site is 1,397,032,80 as secured claim

The report was filed.

B. The Defendants who entered into the instant agreement wanted to receive the instant real estate successful bid at the instant auction, and on November 1, 2012, the following agreements between the Plaintiff and the Plaintiff who reported the lien at the instant auction were concluded:

Article 1 (Waiver of Right of Retention) "A" and "B" have fully fulfilled their obligations under Article 2 (1) or (2) from "B" (Defendants) and at the same time have to waive any lien on the relevant parcel of real estate for which the obligations of the said Defendants have been completed among the said real estate (the Plaintiff shall not exercise any right of retention on the cost claim corresponding to the said real estate out of the cost of creating the foundation that was put into a housing complex construction project by the Plaintiff, and shall not exercise any claim related to the said parcel of real estate.

In order to avoid misunderstanding, the Defendants did not obtain permission from the competent authorities, even though they applied for a housing construction permit under legitimate conditions under construction-related laws and regulations with respect to certain parcels of the said real estate.

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