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Reasons
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(영문) 부산지방법원 2013.07.24 2012가합7536
부동산소유권이전등기절차이행등
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The parties’ relationship 1) G Co., Ltd. (hereinafter “G”).

3,927 m2,00 square meters (hereinafter “instant project site”) shall be deemed to have been located on the part of Busan JG-gu Busan (hereinafter “instant project site”).

Schedule 1 to the Schedule

2. A contractor who carries out a project (hereinafter “the instant building”) to establish the recorded building (hereinafter “the instant building”). A Co., Ltd. (hereinafter “I”) is a company that merges with the said G on November 3, 2004. The Defendant entered into a construction contract with G and is a contractor that takes charge of the construction of the instant building.

2) From the end of 2003, G commenced the sale of the instant building. From the end of 2003, G entered into a sales contract with the Plaintiffs on the same terms and conditions as attached Table 2 (hereinafter “instant sales contract”).

B) On November 202, 2002, G concluded a business agreement (hereinafter “the first business agreement of this case”) with the Defendant, Han Bank, Han Bank (hereinafter “IB”), and Han Life Insurance Co., Ltd. (hereinafter “SIB”) regarding the instant business. G bears the duty to sell the instant building and pay the principal and interest of the instant building while obtaining loans from Han Bank and KIB life insurance, and the Defendant bears the duty to pay the said principal and interest of the instant building if the instant building is completed as a contractor, and if any cause, such as default, arises, etc., G bears the duty to pay the said principal and interest of the instant building. A Han Bank, while taking charge of the management of funds, etc. required for the instant new construction project, extended the project expenses of KRW 36 billion to G along with KIB life insurance, and entered into a business agreement with the following contents (hereinafter “the instant first business agreement”).

[Business Agreement] In the contents of the Agreement, “A” means “B”; “B” means the Defendant; “B” means one bank; and “J” means life insurance.

Article 17 [Cancellation and Termination of this Arrangement due to Reasons attributable to A] (1)

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