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(영문) 수원지방법원평택지원 2017.09.06 2016가합9423
배당이의
Text

1. The case of application for the auction of the D real estate deposit in Suwon District Court shall be prepared on August 3, 2016 by the same court.

Reasons

1. Facts of recognition;

A. The Plaintiffs and E-related Plaintiffs were owners of 1,294 square meters of forest land in Pyeongtaek-si (hereinafter “instant land”).

On June 26, 2013, the Deceased Fisheries Cooperatives completed the registration of the creation of a right to collateral security (hereinafter referred to as the “right to collateral security”) with the maximum debt amount of 1.586 million won, with respect to the instant land, and filed an application for voluntary auction on March 11, 2015, and received a decision on commencing auction on March 12, 2015.

(E) On September 22, 2015, the Deceased Fisheries Cooperatives (hereinafter “E”) transferred the instant right to collateral security to E (hereinafter “E”) and voluntarily withdrawn the application for auction on January 7, 2016.

B. On July 24, 2015, H’s relationship with H and E and the provisional attachment decision of H drafted a written agreement with the following contents:

The auction case number of the agreement: H in the case of the auction real estate of this court: Pyeongtaek-si J, K, L: E representative director M : H

1. A shall recognize the B’s lien on the auction real estate (all the expenses required for the measurement, logging, civil engineering works, stone construction works, landscaping, road construction works, street lamps, various artificial lights and permissions, etc. by development acts);

2. In the event that Party A is awarded a successful bid for the above auction real estate, Party A shall transfer the auction real estate area of Party B to Party B or to a person designated by Party B, which is 264 square meters of the area of the auction real estate (attached Form) in return for the waiver of the lien.

3. A shall, after receiving a successful bid for the above auction real estate, proceed with the construction work on the auction real estate jointly with B, and in case of civil engineering, a contract shall be concluded for the said construction work, and in case of architectural design, as urban construction.

4. A shall carry out construction works jointly with B after being awarded the bid for the said auction real estate. A and B shall agree with B to carry out construction works by entering into a contract with N and they shall be employed under the same conditions as P, P, and Q, a director, P, and Q, who worked at the construction site of the said auction real estate.

5. Construction works on the auction real estate shall be conducted jointly by Gap and Eul.

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