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(영문) 서울중앙지방법원 2015.12.02 2014가단206790
손해배상
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) A Co., Ltd. (hereinafter “A”) (hereinafter “A”).

(C), D, E, and E, in Busan Gangseo-gu B, the project of constructing and selling multi-family housing and neighborhood living facilities (hereinafter “instant project”).

On November 24, 2005, a loan agreement between a lender and a lender consisting of 12 financial institutions including the Defendants on November 24, 2005 (hereinafter referred to as the “instant loan agreement”) on a project financing agreement with the limit of KRW 300 billion.

(2) At the time of the instant loan agreement, A entered into a business agreement, such as the instant project site as security for the lender and the said loan, and the F apartment, etc. to be completed in the future, with a trust company designated by the lender designated by the lender, to waive the right to implement the instant project when it loses the benefit of time (hereinafter “instant business agreement”).

(2) In accordance with the agreement of this case, “A” refers to the loan agreement of this case and the business agreement of this case, “A” refers to “K non-real estate trust” (hereinafter “K non-real estate trust”) on November 29, 2005 in accordance with the business agreement of this case.

(B) On February 23, 2006, the sales contract and special agreement of this case were concluded with the lender as the first priority beneficiary, and the land for the instant project was trusted as a collateral. (B) From February 23, 2006, A as the contractor the Young Housing Co., Ltd. (hereinafter referred to as the “Yol Housing”) and continued the new construction of the C Apartment and continued the new construction of the D Apartment from November 30, 2007.

2) A, when selling D apartment from December 2006, in selling D apartment, through the seller in lots, three theme project (i) the introduction of American school curriculum in the D apartment, the use of English language, (ii) the installation of a temaccar, (iii) the provision of hotel-type services such as washing, cleaning, cleaning, etc. in the complex), seven the specialized projects (i) the installation of a ubiquitous system, (ii) the open-type master shop in which English is used as public language, (iii) the artificial master shop in which English is used, (iv) the work of the buyer in lots.

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