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1. The part of the claim for the confirmation of existence of claims among the lawsuits filed by an independent party intervenor shall be dismissed;
2. An independent party intervenor;
Reasons
1. Basic facts
A. 1) The Plaintiff et al. and the 11 other financial institutions (hereinafter “the lender of this case”) and the lender (hereinafter “the lender of this case”) of the Plaintiff et al., other than the Plaintiff et al.
AJ apartment in Busan Gangseo-gu (hereinafter referred to as the “instant apartment”).
2) The project to newly build and sell a new project (hereinafter referred to as “instant project”).
(AG) implementing the non-party corporation AG (hereinafter “AG”).
(1) A loan agreement between 30 billion and 300 billion project financing (hereinafter referred to as the “instant PF loan”).
(2) The instant PF loan agreement was concluded on September 29, 2009 with the limit of the loan of KRW 300 billion on November 24, 2005, and was extended KRW 270 billion on September 29, 2009.
According to the instant PF loan agreement, AG may proceed with the instant project in three-lanes, but the sales rate after the commencement of the first project reaches 70% after the lapse of six months from the date when the sale rate reaches 70%. In the event that the sale rate falls short of 70% by the lapse of six months after the commencement of the sale procedure, the lender of the instant case may terminate the construction contract with AK, a corporation, a contractor, by subrogation of AG, on behalf of the lender of the instant case, and have to pay differential amounts according to the sale rate.
3) AG is a K non-real estate trust company (hereinafter “K non-real estate trust”) for the purpose of securing loans based on the instant PF loan.
(3) The trust of real estate (hereinafter “new real estate trust”) is a trust of real estate (hereinafter “new real estate trust”).
A trust agreement with regard to the apartment of this case was concluded on June 30, 2009, and a trust registration with respect to the apartment of this case is made in the name of the KF real estate trust and the living real estate trust.