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1. From April 27, 2018 to September 2018, 2018, Plaintiff (Counterclaim Defendant) filed against Defendant (Counterclaim Plaintiff) C with respect to KRW 181,054,487 and its amount.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. D Co., Ltd. (hereinafter “D”) was established on April 19, 2006 for the purpose of housing construction business, etc., and was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 1, 2015, and Defendant B actually operated the said company.
B. The Plaintiff and the Defendants, as a partnership business, carried out a real estate development project in Ulsan-gu E large 217.9 square meters (hereinafter “E”) and F large 373.4 square meters (hereinafter “F land”). The said real estate development project was not carried out smoothly, and the Plaintiff filed a lawsuit against the Nonparty Company seeking the return of investment.
(Ulsan District Court 2009Gahap4554). (c)
Accordingly, on January 27, 2010, the Plaintiff, the Defendants, and the Nonparty Company agreed to the following terms and conditions (hereinafter “Agreement 1”) in order to resolve the instant case of refund, etc. of the said contribution, and the notary public prepared a certificate pertaining thereto (hereinafter “certificate of this case”) with No. 376 in 2010, 2010, and the Nonparty Company completed the registration of creation of a mortgage over each of the instant real estate in accordance with the first agreement on the same day.
1. The Defendants and the non-party companies jointly and severally pay to the Plaintiff KRW 800,00,000 (a fixed amount) out of the sale price at the time of selling land E and F land and each of the above above ground buildings (hereinafter “the instant real estate”). As to the time of sale, the Plaintiff consents to the sale at the time of sale when the Defendants and the non-party company sold the said real estate when the sale price exceeds KRW 1,80,000,000.
2. In order to secure the repayment of the obligation under paragraph (1) to the Plaintiff with the cooperation of the Defendants, the non-party company completed the registration of creation of a mortgage with the maximum debt amount of KRW 800,00,000 on each of the instant real estate on the date of the preparation of the instant agreement.
except that;