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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. Status 1) The Plaintiff is the Plaintiff Company B (hereinafter “B”).
ii) Hanjin Industries Co., Ltd. (hereinafter referred to as “ Hanjin Heavy Industries”);
(D) One unit (D; hereinafter referred to as the “instant building”) of the main complex building on the land of Jongno-gu Seoul Metropolitan Government and 61 parcels designated and implemented as the contractor.
) New construction and sale of the project (hereinafter referred to as “instant project”)
(2) The Defendant is a buyer who signed a sales contract with B on October 14, 2002 on the instant building 1703.
B. On August 12, 2002, the Plaintiff entered into a development project agreement on the instant project with the Korea Development Project Co., Ltd. (hereinafter “New Trust”) and the Korea Development Project Agreement with respect to the instant project (hereinafter “instant development project agreement”). The main contents of the development project agreement are as follows.
Article 4 (Obligation to Apportionment and Cooperation) (1) B, Jin Heavy Industries, Life Trust, and the Plaintiff shall share their respective duties and cooperate in good faith for the successful completion of the project and the normal repayment of the loan, and shall be responsible therefor.
(2) The roles and duties of B; 11. Responsibility to pay interest to a buyer until the intermediate payment, loan promotion and transfer of ownership;
2. Completion of a liability for a building within the specified construction period under the construction contract agreement;
4. Submission of a written undertaking of completion guarantee at the time of lending part payments by a buyer.
2. Performance of all proxy duties concerning fund management, such as receipt of all funds, such as sale price, loan, and payment of construction expenses, and principal and interest of loan.
1. Payment of loans prescribed by Article 6;
2. Article 5 (Conclusion of Individual Contract) (1) of the part payment loan implementation as prescribed in Article 13 (Conclusion of Individual Contract) (B) and the Plaintiff make a loan limit of KRW 00 million.