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(영문) 서울중앙지방법원 2014.06.26 2011가합59228 (3)
양수금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) Plaintiff B (hereinafter “Plaintiff B”) Co., Ltd. (hereinafter “Plaintiff”) on the project agreement and construction contract for the new construction project of building C

(2) The Plaintiff: (a) was divided into four lots, such as Gangdong-gu Seoul, Gangdong-gu, Seoul; (b) KRW 8,470 square meters; (c) KRW 1,086 square meters; (d) KRW 63 square meters; and (e) KRW 111 square meters; and (e) KRW 507 square meters among the combined lands, 507 square meters of land was divided into Seoul Gangdong-gu, Gangdong-gu, Seoul; and (e) KRW 630 square meters into KRW 1; and (c) the area of the said D land was 8,593 square meters (hereinafter “instant project site”).

(ii)A total of 6 stories underground and 20 stories above ground were planned to be 6 stories below ground, 20 stories above ground, 115,727.64 square meters below ground, but the scale of the project was changed to 7 stories below ground, 22 stories above ground, and 108,349.95 square meters below ground, and the total floor area approved for use is 108,316.04 square meters below ground. The "C Building" (hereinafter referred to as "the building in this case") which is a major complex building in this case.

2) A new project (hereinafter referred to as “instant project”)

As an executor of Korea on March 5, 2003, the Defendant, the Fund Manager, Korea Co., Ltd. (hereinafter “Korea Co., Ltd.”) (hereinafter “Korea Co., Ltd.”), the contractor of March 5, 2003.

2) The Korea Development Bank Co., Ltd., a lending financial institution (former Korea Development Bank, hereinafter referred to as “Korea Development Bank”);

A) Between the Company and the Company, the terms and conditions of the business, rights, obligations, etc. to be performed by the Company with respect to the instant business (hereinafter referred to as “instant business agreement”).

On October 15, 2003, the first amendment agreement was concluded to amend part of the instant business agreement, and around that time, the first amendment agreement was concluded, and the first loan amounting to KRW 20 billion was loaned from the Korea CTR Bank and purchased the instant project site and completed the registration of transfer of ownership based on trust to the Korea CTR Bank. The main contents of the instant business agreement and the first amendment agreement are as follows.

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