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(영문) 서울고등법원 2014.07.08 2012나84105

분양대금반환 등

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1. The Plaintiff’s appeal against one asset trust and Defendant JS Co., Ltd. is dismissed in entirety.

2...

Reasons

1. Basic facts

A. The Defendant Han Asset Trust Co., Ltd. (formerly changed on December 5, 2013: hereinafter “Defendant Han Asset Trust”) is the executor of the sale business of D apartment units (hereinafter “instant apartment units”) of Gwangju City and 25 lots of land (hereinafter “instant apartment units”). Defendant JS Co., Ltd. (formerly changed on July 9, 2013: B: hereinafter “Defendant JS”) is the truster of the instant apartment units, and the joint Defendant JS Co., Ltd. (hereinafter “Defendant JS”) is the truster of the instant apartment units, and around April 2008, the Plaintiff filed the instant lawsuit with the National Bank, a company entrusted with the business of Korea Housing Finance Corporation (hereinafter “National Bank”). However, the Plaintiff filed the instant lawsuit with the National Bank on April 208, as the constructor of the instant apartment units.

2. See, see, 1 of the record No. 51 of the Plaintiff’s title), and the Plaintiff’s withdrawal of the instant lawsuit against a national bank by amendment to the purport of, and cause for, the instant claim as of May 14, 2012 (see, e.g., the written application for amendment to the purport of, and cause for, the claim as of May 14, 2012). The record No. 2 of the record and the Korean bank concluded a business agreement and a loan agreement with regard to the intermediate payment loans to the buyer of the instant sales business (hereinafter “instant business agreement”).

(1) Article 1(1) of the Work Convention aims to provide for matters necessary for B (National Bank) to support intermediate payment loans and guarantee loans to prospective occupants of housing units in lots outside JT and 19 parcels of GT in Gyeonggi-do, which are built and supplied by A (implementer, truster, or contractor).

Article 2 (Implementation of Loans) (1) Limited to the case of the soldier separately notified by Gap, Eul shall grant the amount of part payments within the limit of 70% of the parcelling-out amount, and deposit it into the account for part payments as determined by the contract for sales concluded by Byung and Byung within the said limit.

2) Article 1 (Purpose) of the Loan Convention shall be determined by A (contractor).