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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Korea-Liz Co., Ltd (hereinafter “Korea-Liz”) is an executor who newly constructed and sold C Apartment 2,866 households on the ground, such as Gangseo-gu, Busan.
B. On November 24, 2005, Hannz concluded a loan agreement with the National Bank of Korea (hereinafter “National Bank”) and 12 financial institutions (hereinafter “Large Group”) on the lending limit of KRW 300 billion and received loans equivalent to the above amount in order to raise funds related to the construction and sale of the above apartment. During that process, Hannz concluded a business agreement with the lender on the following major contents:
[Agreement of Business] Article 7 (2) (a) Enforcement Company and the City Corporation shall establish an account for the receipt of the sale proceeds under the conditions of the contract for sale in the name of the executor during the period of this agreement to receive the sale proceeds from the buyer.
(B) The executor shall designate the sales contract’s account for the payment of the sales price as the account for the receipt of the sales price so that the buyer may transfer all the sales price to the account for the receipt of the sales price, and specify that any payment of the sales price which is not paid by the account for the receipt of the sales price is invalid.
(C) Notwithstanding the provisions of subparagraph (b) above, where there is, or is likely to be, the sales price received by means other than deposit to the account received for the sales price due to deposit by the buyer or other special reasons, the relevant City event and the Corporation shall immediately notify the lender of the fact or possibility thereof and take necessary measures so that the sales price can be deposited into the account immediately received for the sales price.
C. Korea National Agricultural Cooperative Federation on June 30, 2009 between the defendant and the defendant on June 30, 2009 and one capital.