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(영문) 서울중앙지방법원 2015.05.13 2014가합46650
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The summary of the case is the case where the Plaintiff seeks the return of KRW 289,800,000,000 to the Defendant, on the ground that the owner of loan including the Plaintiff, lent KRW 1 billion to the Defendant who is the contractor.

On the premise of fact, the project implementation agreement and the progress payment under Article 3 (Payment of Price) of the Additional Agreement on the Promotion of Projects shall be made through mutual agreement as follows:

(1) 3.7 billion won when a contract is concluded. ② 2.1 billion won as of the end of April, ③ 2. billion won as of May 20, ④ 2.2 billion won as of June 10.

6. The plaintiff, etc. shall provide a project site with loan security in order to facilitate the construction project.

(7) Payment of progress payment by the Plaintiff, etc. in advance shall not exceed the above amount, and the above amount shall be refunded by the Defendant to the Plaintiff, etc. at the time of the transfer of registration.

Article 6 (Sale in Lots) (1) The affairs concerning sale in lots shall be delegated to the defendant on behalf of the plaintiff, etc. and the approval of the plaintiff, etc. shall be obtained.

(2) No petition shall be filed with the plaintiff, etc. when construction balance is insufficient after completion of sale in lots.

Article 7 (Registration for Preservation and Provisional Registration for Sale) (1) Transfer of the ownership of the site to a person designated by the defendant at the time of registration for preservation after completion of the construction.

② In addition, among the 18 generation units of loan, the number of 101, 102, 201, 202, 303, 402, 403, 503, 601, 602, and 603 units of loan, among the 18 households, the total number of 11 units of household designated by the Defendant, shall be registered as a provisional sales registration.

(3) The purchaser shall pay the share of expenses for registration in lots by the Corporation.

The Plaintiff, B, C, and D (E) (hereinafter referred to as the “Plaintiff, etc.”) will build a new 18-household with the size of 1st underground floor and 6th ground level on three parcels owned by them, including Seocho-gu Seoul, Seocho-gu, Seoul, and the Plaintiff, etc., a building owner, between the Defendant and the building owner on March 23, 2002.

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