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(영문) 서울중앙지방법원 2014.04.17 2013가합34742 (2)
사업시행자 명의변경절차 이행
Text

1. The defendant has the business right of August 27, 2007 between the plaintiff and the defendant to K non-real estate trust company.

Reasons

1. Basic facts

A. On October 8, 2008, the Defendant obtained approval for a housing construction project plan under Article 16 of the Housing Act with respect to the housing construction project for the housing of 37 units, 1,810 units of apartment units (attached Form; hereinafter referred to as the “instant housing project”) on the 5th and 14th below ground from the Namyang-si, Namyang-si, the Namyang-si, the Defendant purchased 8,628§³ and 24 square meters of land (hereinafter referred to as the “instant real estate”).

B. 24 savings banks including the Plaintiff constitute a lender with the Plaintiff as the weekly private bank, and the Defendant promoted on August 27, 2007.

The Defendant entered into a loan agreement with the Defendant (hereinafter “instant loan agreement”) in order to lend funds for the new construction project of multi-family housing as stated in the paragraph, and loaned KRW 63 billion to the Defendant. Article 6(2) of the instant loan agreement provides that “The Defendant shall also enter into a business license agreement with the lender to transfer to the lender all the right to implement the instant real estate in order to secure the performance of the loan.”

C. On the same day, the Plaintiff entered into a contract for transfer and acquisition of business rights (hereinafter “instant contract for transfer and acquisition of business rights”) with the Defendant, and its main contents are as follows.

The plaintiff shall represent the lender as an acting bank of the lender group.

Article 1 Subject to the transfer contract (1) The defendant is subject to the transfer contract in whole the rights, status, and all other rights and status of the defendant in relation to the establishment of the apartment development project (the "business rights, etc." refers to all rights and status of the defendant in relation to the establishment of the project plan related to the construction project and all other rights and status related to the construction project, such as the rights in the approval of the project plan and all other business licenses related to the construction project).

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