채무부존재확인
1. Ulsan District Court 2013Kadan4110 decided on real estate stated in the separate list between the Plaintiff and the Defendants.
1. Basic facts
A. Loans and provision of security between Soft Construction Co., Ltd. and Peung Mutual Savings Banks 1) Small Network Construction Co., Ltd. (hereinafter “Small Network Construction”).
B) The Namsan-gu, Ulsan-gu and two parcels (hereinafter referred to as “instant land”).
2) On January 26, 2006, the Plaintiff Pung-gu Mutual Savings Bank (hereinafter “instant bank”) established on January 26, 2006, promoting the business of newly building and selling apartment units on the ground.
(1) A loan of KRW 4,600,000 from the Fund for new apartment construction (hereinafter referred to as “instant loan”).
(3) The bank of this case as security for the loan of this case refers to the agreement of transfer and takeover of project, confirmation note of transfer and takeover of project implementation right, waiver note of project implementation right, etc., supplementary right granting certificate, statement of change of project owner name, statement of prohibition of change of project owner name, etc. (hereinafter “security documents, etc. of this case”).
(2) On January 26, 2006, the Network Construction Co., Ltd. entered into a real estate security trust agreement (hereinafter “the instant trust agreement”) with Hanol Trust Co., Ltd. (hereinafter “Iol Real Estate Trust”) which provides for KRW 6,440,00,000 for the instant land as the first priority beneficiary’s bank, the instant beneficiary’s certificate of beneficial rights, and the instant bank was issued a preferential beneficiary certificate from the first trust on February 17, 2006 under the instant trust agreement.
B. The background leading up to the preparation of apartment supply contract between the Defendants and the small network construction company 1) the future marketing franchise Co., Ltd. (hereinafter referred to as the “ micro-market”).
On October 7, 2005, the future marketing franchise was entered into a sales agency contract between the small network construction and the apartment sales business, and the network construction is to pay 2% of the apartment sales price. 2) The future marketing franchise is between the small network construction and the small network construction on February 28, 2007.