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(영문) 부산지방법원 2016.08.25 2013가합6660

소유권이전등기 등

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1. The Defendant stated the “unpaid amount” column, such as the attached Form 1 sale price, from the Plaintiff (Appointed Party) and the Appointed Party.

Reasons

1. Basic facts

A. F Co., Ltd. (hereinafter “F”) is the implementer of a new construction and sale project of the 16th and the 6th underground floor of the building (hereinafter “instant building”) on the 3,927 square meters wide (hereinafter “instant project site”) in Busan-gu, Busan-gu, Busan-do, and the Defendant is the contractor in charge of the construction of the instant building, and the Han Bank Co., Ltd. (hereinafter “I Bank”) is the trustee who completed the registration of ownership transfer on the ground of trust agreement from F on December 2, 2002 pursuant to the real estate trust agreement on the instant project site.

B. On November 20, 2002, F entered into a business agreement (hereinafter “the first business agreement”) with Defendant Han Bank, Han Bank, and Young Life Insurance Co., Ltd. (hereinafter “Seodae Life Insurance”) with respect to the new construction and sale of this case, F bears the duty to sell the new construction and repay the principal and interest of the loan while obtaining loans from Han Bank and Young Life Insurance, and F bears the duty to sell the new construction and sell the principal and interest of the loan. The Defendant as a contractor shall complete the construction of the instant building, and if any cause, such as default, arises to F succeeds to the duty to pay the principal and interest of the loan. Han Bank, while taking charge of the management of funds, etc. required for the new construction and sale of this case, takes charge of the new construction of this case and the sales business, made a business agreement (hereinafter “the first business agreement”) with K, which mainly provides for the validity of the first business agreement due to the cause attributable to F, as follows:

Article 17 of the Business Agreement (Cancellation or Termination of this Agreement due to any cause attributable to the F) (1) In any of the following cases, the defendant shall cancel or terminate this Agreement by giving written notice to the F immediately upon receipt of a request for life insurance:

F shall submit a separate statement of renunciation of implementation in relation thereto prior to withdrawal of the loan in the school life insurance.