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(영문) 서울고등법원 2016.09.06 2016나2002961
우선수익자지위 부존재확인 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The status of the parties, etc. is the executor of the construction and sale business of the Jung-gu Incheon Metropolitan Government A apartment (hereinafter “the apartment of this case”) and the Mami Construction Co., Ltd. (hereinafter “Mami Construction”) is the contractor of the above apartment, and the defendant is a corporation established under the Korea Housing Finance Corporation Act, which aims to provide credit guarantees, etc.

B. (1) The Plaintiff entered into an agreement on part payment loan services, etc.) for the part payment loan to some buyers of the apartment of this case, the Plaintiff is a U.S. Construction around December 18, 2009 and Korea Bank Co., Ltd. (hereinafter “Korea Bank”).

2) The Agreement on the Business of the part payment loan and the part payment loan (hereinafter referred to as the “instant part payment loan agreement”).

The loan limit and enforcement of Article 2 are as follows. ① The total loan limit and enforcement of the Bank shall be KRW 140 billion, and the individual loan limit for the seller shall not exceed 50% of the supply amount of apartments sold or resold by the seller within the limit of individual loan, and the actual loan amount shall be the amount that the seller wishes within the limit of individual loan. Article 7 Section 7 is the commencement of construction for the collection of loan, the seller's obligation (execution company) is lost due to the buyer's loss of interest due to the buyer's loan and the buyer's claim for repayment of loan to the buyer, the Corporation (execution company) shall immediately cancel the sales contract immediately in order to recover the bank's credit and pay the corresponding amount of the principal and interest of the contract for down payment and the part payment (including incidental debt) to the seller to be returned to the buyer without delay.

(3) Paragraph (1).

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