(영문) 인천지방법원부천지원 2013.02.15 2012가합2926

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(영문) 인천지방법원부천지원 2013.02.15 2012가합2926

부동산인도

Text

1. The plaintiff's main claim and the independent party's claim are all dismissed.

2. Of the costs of lawsuit, the principal lawsuit.

Reasons

1. Basic facts

A. On August 29, 2003, the Defendant entered into a contract for the construction work with the F and each real estate listed in the attached Table (hereinafter “instant building”) with the representative of the D Religious Organization ECE Association, with the construction cost of KRW 1.4 billion, and performed the said construction work (hereinafter “the first construction”).

(2) After that, on November 26, 2004, the procedure for compulsory auction was commenced on June 22, 2005, when the registration of ownership transfer was made under the name of G on June 4, 2004 with respect to the instant building.

(3) On August 14, 2006, the Defendant asserted the existence of the claim for the first construction cost of KRW 1.34 billion, and reported the lien to the above auction court on August 14, 2006, but filed a corrected report on October 9, 2000 won of the first construction cost claim of KRW 1.23 billion.

(hereinafter referred to as the “first lien”). B.

On May 3, 2007, the defendant 1 submitted a letter of waiver of the first lien (1) I received a decision to permit sale of the building of this case at the above auction procedure, and requested the J to resolve the lien problem concerning the building and to take out the balance of sale.

(2) Around August 2007, J agreed to take over the first lien from the Defendant on the condition that the Defendant and the J transfer to the Defendant of the claim for the collateral security right of KRW 700 million in respect of the building in K located in cash and in Chungcheong City.

(3) Thereafter, around August 2007 at the J’s request, the Defendant submitted a letter of waiver of the right of retention to the E-K Mutual Savings Bank Co., Ltd. (hereinafter “the instant bank”), and the J received loans from the instant bank as collateral KRW 4.8 billion in the name of L and raised funds.

I paid out the proceeds of sale on August 22, 2007 with the above funds, and on the same day, I completed the registration of ownership transfer in the future, and on August 22, 2007, the registration of ownership transfer claim is completed due to the purchase and sale reservation in the J.

(4) The J shall be the defendant around October 2007 and the defendant.

유사 판례

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