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(영문) 부산지방법원 2017.11.17 2016가단320810

분양대금반환 청구

Text

1. The Defendant’s KRW 128,143,633 as well as its annual 6% from September 16, 2015 to June 1, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a corporation established with the purpose of contributing to the sound development of the financial industry and the national economy by supplying and managing funds necessary for the development and development of industry, expansion of social infrastructure, regional development, stabilization of financial markets, and promotion of sustainable growth pursuant to the Korea Development Bank Act. The defendant is a corporation established with the Busan Urban Corporation and Hyundai Construction consortium jointly with the purpose of business facilities, including relocating public agencies and related agencies' private houses, commercial facilities, residential facilities, etc., which are developed jointly according to demand for the financial investment business (PF).

B. Around August 2013, the Plaintiff entered into a business agreement between the Plaintiff and the Defendant with the Defendant, regarding the Plaintiff’s intermediate payment loan to a person who entered into a sales contract with the Defendant regarding “F” as a commercial building in E (hereinafter “seller”), including the following (hereinafter “instant business agreement”).

(1) The subjects of loans handled by the plaintiff shall be the buyer in full and in full, the down payment (10% of the supplied amount) and the person deemed eligible for loans by the plaintiff.

(2) In the event that any of the following events occurs after the Plaintiff’s loan to the borrower, the Plaintiff declares the borrower to the lender the loss of benefit due to the loan.

(Article 6 subparag. 1 and 2 of the instant Business Convention). 1. Where a ground for the Plaintiff’s loss of the benefit of time under the Plaintiff’s basic terms and conditions of credit transactions occurs to the lender.

2. Where the sales contract concluded between the defendant, the trustee (Korean asset trust) and the borrower loses the eligibility for sale or occupancy.