Text
1. The Defendant (Counterclaim Plaintiff) and the Defendant against the Plaintiff (Counterclaim Defendant)
(a) 4. Dong among the real estate indicated in the annex 1;
Reasons
1. Basic facts
A. Defendant B is a representative director C of the Defendant Company, who is a substantial operator of the Defendant Company.
B. Around May 28, 2011, the Defendant Company agreed on each of the instant real estate owned by the Defendant Company and the Plaintiff, who had a claim for construction price against the Defendant Company, and the auction procedure is underway as follows:
(However, the shares of the defendant company among the real estate listed in paragraph (3) of the attached Table 2 among the real estate in this case are 29/1593 shares, and the shares of the defendant company among the real estate listed in paragraph (5) of the attached Table 2 are 141/1592 shares; hereinafter the above auction is referred to as "the auction of this case", and the above agreement is referred to as "the agreement of this case"). (1) The plaintiff participated in the auction of this case and participated in the auction of this case, but the proceeds from the sale are financed by the plaintiff as collateral, and the bid bond and all expenses
(2) The Defendant Company is liable for the waiver of each of the instant real estates necessary for bank loans.
(3) The Defendant Company received an additional loan by re-appraisaling each of the instant real estate within one year after the successful bid, and immediately after receiving the loan, paid to the Plaintiff KRW 50 million and the amount borrowed at the time of bidding at the auction of the instant real estate.
(4) When the Plaintiff settled the money required for the successful bid (sale price and all expenses) of each of the instant real estate and the claim for construction payment against the Plaintiff within one year from the date of the successful bid, the Plaintiff transferred the ownership of the instant real estate to the Defendant Company (hereinafter “instant ownership”).
(5) If the above agreement was not implemented due to the mistake of the Defendant Company, the Defendant Company does not raise any objection against any measure, such as the Plaintiff’s disposal of each of the instant real estate.
C. The Plaintiff participated in the instant auction and proceeds from the sale on August 2, 2011.