logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.07.03 2015가합5227
유치권부존재확인
Text

1. The Defendant-Counterclaim Plaintiff’s claim for the construction cost as to the real estate stated in the separate sheet.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. C obtained a construction permit for multi-family house on February 19, 2002 Dai-si (the administrative district was changed to Sinung-gu E-dong on October 31, 2005; hereinafter “E-dong”). G obtained a construction permit for multi-family house on the F ground at H and I ground around that time.

B. On June 3, 2002, C and J were awarded a contract to N for the new construction of K or L-ground M multi-family housing. However, N had suspended construction with only eight consents, including buildings listed in the attached list (hereinafter “instant building”).

C. On October 21, 2002, J awarded a contract to Taeho Development Co., Ltd. (hereinafter “Thoho Development”), but Taeho Development suspended construction upon completion of the structural part of the above eight agreements.

C and J, on December 9, 2003, drafted a “Agreement on Land and Building Contracts” with the Defendant, as follows:

1. Basic Principles, J (C) and B (C) provide land (hereinafter “instant land”) outside K and 13 parcels of land (hereinafter “instant land”) in Yong-si-si, Young-gu, and C (Defendant) transfer buildings equivalent to the price of the said land to A and B after the completion of the construction of the building on the said land.

2. Calculation of transfer value:

(a) The price of land shall be 3.8 billion won, and bank loans (1,67,68,000 won) shall be received by Byung and paid to Gap and Eul only the balance (2,123,332,00 won);

3. Calculation of payments;

(a) Article 2(a) above for sick persons

2,459,332,00 won shall be paid to Gap and Eul in total, including the land price in this subsection and the 336,000,000 won paid for the construction project price.

B. The amount of debt 375,00,000 won to be borne by Gap and Eul, such as the amount of O assets management work, the amount of P debt, and Q interest, shall be acquired by Byung.

(c) 35,00,000 won will be borne by Byung, such as a loan from the F new bank or H National Bank;

(a) Paragraph (b) above.

paragraph (c).

The amount equivalent to KRW 2,419,332,00,00 for the increase or decrease of the claim, shall be

arrow