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(영문) 대전지방법원 홍성지원 2018.06.05 2018가단459
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 21, 2017, the Plaintiff received a decision of provisional attachment (hereinafter “instant provisional attachment”) with respect to D & E, 666§³ and 165 square meters prior to Chungcheongnam-gun budget-gun, Chungcheongnam-do (hereinafter “instant real estate”). The right to be preserved for the instant provisional attachment was “the claim for transfer money under a contract to transfer or acquire construction expenses as of April 1, 2017,” and the right to be preserved for the instant provisional attachment was “the claim for transfer money under a contract to transfer or acquire construction expenses as of April 1, 2017.”

B. On November 27, 2017, the following agreement was reached between the Defendant and the Plaintiff, who acquired ownership of the instant real estate (hereinafter “instant first agreement”)

“A” refers to the Defendant, “B” refers to the Plaintiff.

(c) Agreements;

1. A agree to the construction cost unpaid to B at KRW 45 million.

2. B shall immediately terminate the provisional seizure right on the current certificate of registered matters (the provisional seizure in this case).

3. “A” shall be paid to “B” the payment source prescribed in Article 1 twice, on condition that the payment source shall be paid KRW 20 million immediately after the construction of the 4th floor of the aggregate construction with the instant real estate.

4. The second payment shall be made in the amount of KRW 20 million immediately after a loan is made to the real estate as completed after obtaining authorization, permission, supervision or quasi-scale completion completion.

Provided, That in order to guarantee the above amount, the right of sale for one household after the completion of this building shall be transferred as security.

5. The down payment of five million won shall be paid in cash.

December 29.

C. Notwithstanding the first agreement, the Plaintiff did not file an application for the withdrawal or cancellation of the provisional attachment of this case, and the Defendant did not pay KRW 5 million until December 29, 2017.

On February 5, 2018, the filing of the instant lawsuit, around February 5, 2018, the Defendant paid KRW 5 million to the Plaintiff. The Plaintiff applied for the withdrawal and cancellation of the provisional attachment of this case, and the agreement between the Plaintiff and the Defendant was formulated again as follows:

(hereinafter “the second agreement”). The agreement

1. A, the contractor, shall be five million won from B.

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