logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.02.13 2016가합206006
약정금
Text

1. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. Of the litigation costs, the Plaintiff and the Defendant have arisen.

Reasons

1. Basic facts

A. On April 20, 201, the Plaintiff entered into a construction contract with C Co., Ltd. (hereinafter “C”) on April 20, 201, setting the construction work for the construction of officetels of the first and second floors underground (hereinafter “instant officetel construction work”) as the construction cost of 3.5 billion won on the instant land with the wife population D (hereinafter “instant land”).

B. Around May 201, the Plaintiff began with the instant officetel construction and continued construction due to the shortage of funds in C while performing the land destruction construction, officetels underground, and the first floor construction.

C. On December 31, 2012, E, the representative of C and creditors, E, the landowner of the instant land, filed an application for voluntary auction with the Suwon District Court F, and the decision on voluntary auction was rendered on January 8, 2013.

(hereinafter “Voluntary Auction Procedure”). D.

On May 22, 2013, the Plaintiff reported a lien with respect to the instant land as the preserved claim for construction price of KRW 651,586,000 as to the instant land during the voluntary auction procedure.

E. On the same day, E.S. Co., Ltd. (hereinafter “E.P”) subcontracted the instant officetel construction from the Plaintiff (hereinafter “E.P”) reported a lien on the instant land as the preserved claim, with the construction cost claim of KRW 255,198,000 as to the instant land.

E. On March 5, 2014, the Defendant negotiated with Plaintiff Company H, etc. with a plan to purchase the instant land along with G and to carry out the instant officetel construction. As a result, the Plaintiff prepared a memorandum of waiver of right of retention (No. 6; hereinafter “instant letter of waiver of right of retention”) on the instant land.

The main points of the contents are as follows:

All of the amount of a lien shall be agreed smoothly, and all of the powers of the lien shall be waived and written respectively.

Provided, That the foregoing waiver shall not be delegated or transferred to a third party because it falls under only G and one other.

G and one other are agreed with H after winning a contract.

arrow