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(영문) 인천지방법원 2015.04.30 2013가단65313
가등기말소절차이행청구등
Text

1. As to real estate listed in the annex 1 list:

A. The purchase and sale reservation entered into on March 3, 2009 between the Defendant and D.

Reasons

1. Basic facts

A. The Plaintiffs, around October 2003, paid KRW 308,000,00 as the sale price to E from around 2004 to April 2004, 200 to purchase 440,000 among the pentine F and G land (hereinafter “instant land”) on the riverwon-gun F and G land (hereinafter “instant land”). The Plaintiffs paid KRW 308,000,000 as the sale price to E.

B. D around August 2004, after being awarded a contract with E for the structural construction of the instant pentine (hereinafter “instant construction”), D completed the instant structural construction around October 2004.

C. After that, the suspension of the instant construction due to the shortage of funds, etc., the Plaintiffs and D filed a complaint against H and E, an operator of E, for fraud. Accordingly, Plaintiffs A, D, J and the debtor, H, I, and K agreed on May 11, 2006 on their claims and obligations. The main contents are as follows.

2. The debtors pay to the obligees the amount of D construction price and litigation cost of KRW 305,00,000, A sale price and litigation cost of KRW 318,00,000, J claim and litigation cost of KRW 287,000,00 to September 30, 2006. The debtors pay to the obligees by September 30, 2006. The debtors pay to the obligees all the amount of the claim and the amount of KRW 287,00,000 to the obligees after notice to the obligees, and then make a registration of ownership transfer for the previous seven parcels to a person designated

(Application of 12% per month to legal interest)

8. (Omission) The debtors shall not perform any act in respect of the two buildings newly constructed by the creditors A (hereinafter referred to as “D”).

Even if the obligee A performs the construction work on the building, the obligor cannot raise an objection.

In addition, after the creditor Gap completed the F 2 buildings, the debtors will transfer the construction cost to the creditor Gap after additional payment is made.

The debtors shall not use any building with F parcel number prior to the payment of claim by three creditors, and shall not claim any right against the building.

11.As above.

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