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(영문) 창원지방법원 2019.07.11 2018나59691
약정금
Text

1. The plaintiff's appeal and the additional selective claims by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. C is a total of 8 households with 2 floors from 2 to 5 floors on the ground of 338 square meters (hereinafter “instant land”) in Yangyang-si, Seoyang-si (hereinafter “instant land”).

(hereinafter “the instant loan”). The Plaintiff is a new owner of the instant loan. The Plaintiff, with respect to the instant new loan construction, includes C KRW 5770,1400,000,000,000 as additional construction cost under an agreement on November 17, 2017, including KRW 10,90,000,000,000,000,000.

have such claims for the payment of the construction cost.

The defendant is a person who vicariously executes the sale of the loan of this case.

1. The debtor C promises to use as the first priority to the cancellation of the right to collateral security (including contract money and intermediate payment) set out in the land of this case with three households (the two households with the fifth floor and the second floor and the first floor and the second floor) already sold in lots (including contract money and intermediate payment) of the loan of this case (the order of cancellation among several collateral security interests shall be in order of the debtor's interest);

2. The obligor C promises to provide the obligee with the payment of the sales price (including contract money and intermediate payment, but excluding the sales agency fee of five million won) to the obligee of the obligor C attached as the sales price at the site, immediately after the obligor receives the sales price for the remaining unsold household, except for the three household units already sold in lots.

3. The obligor C confirmed all the three parties (Plaintiff, Defendant, and C) that the obligor granted the obligor C’s right to directly pay the obligor C’s debt to the obligee as the selling price for the unsold five generations, and the right to directly pay the obligor C’s debt to the obligee as the selling price for the unsold five generations.

B. On November 14, 2017, the Plaintiff, Defendant, and C are “the first written agreement (hereinafter referred to as “the first written agreement”) with the following content.”

1. The debtor (C) has drawn up with respect to the land of this case the above construction cost (570 million won) to the creditor (the plaintiff).

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