(영문) 서울북부지방법원 2016.12.20 2016가단108073

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(영문) 서울북부지방법원 2016.12.20 2016가단108073

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1. The Defendant has a reason for a transfer security agreement on December 5, 2014 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On May 9, 2013, the Defendant concluded a sales contract with Nonparty A, which sells land of 1,653,250,000 won other than 1,653,250,00 won, and agreed that the payment of the purchase price is a substitute for the payment of the purchase price of land as part of the newly constructed building after A newly constructed multi-household housing (hereinafter “instant building”).

B. On March 27, 2014, the Defendant: (a) completed the instant building by August 31, 2014 (Provided, That where the completion inspection is not completed, the sales contract is rescinded; and (b) the amount of unpaid land sale and the interest on loans, etc. to be borne by A, shall be settled in the name of the Defendant; (c) the payment method shall be calculated as 90% of the sales price of part of the instant building; and (d) the Defendant shall transfer the ownership of the remainder of the building to A; and (e) the Defendant shall transfer the ownership of the said land to A if the mortgage created by the said household is cancelled.”

C. On August 25, 2014, the Defendant issued a written consent to the issuance of a sales contract for the instant building Nos. 101, 1, 301, 2, 101, and 2, 301 among the 15 households of the instant building that was newly constructed for the purpose of securing the construction cost of the instant building and giving payment in substitutes (hereinafter “instant real estate”). The Defendant issued a written consent to the issuance of a sales contract for the instant real estate No. 1, 301 and 2, 301, which are the real estate listed in the attached Table No. 1, 301, 2, and 301 (hereinafter “instant real estate”).

- The Plaintiff and C Company A enter into an investment agreement with respect to real estate construction projects.

- The Plaintiff shall invest KRW 156,000,000 with the funds required for the construction project, and shall pay the investment dividends to the Plaintiff.

- The methods of investment recovery shall be from the Bank after completion.

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