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(영문) 부산지방법원 2015.02.13 2012가합17229
손해배상(기)
Text

1. The independent party intervenor shall dismiss the lawsuit against the plaintiff;

2. The remaining Defendants except Defendant D and E shall be the defendants.

Reasons

1. Basic facts

A. The status B Co., Ltd. (hereinafter “B”) is a company that newly constructs and sells H apartment (hereinafter “instant apartment”) in Gangseo-gu Busan Metropolitan Government F and G, and the Defendants are attached to the instant apartment among the instant apartment.

3. The pre-sale contract date cannot be confirmed as the pre-sale contract date is not submitted because the pre-sale contract between B and the Defendants (hereinafter referred to as "each pre-sale contract of this case") was not submitted with respect to the households listed as the pre-sale apartment (hereinafter referred to as "each pre-sale apartment of this case").

One buyer (Provided, That the defendant I is the heir of the network as the buyer).

B. A loan 1) B to the Plaintiff et al. on November 24, 2005 is a lender comprised of 12 financial institutions, including the Plaintiff and the National Agricultural Cooperative Federation, in order to raise funds for the new construction and sale of the instant apartment.

Since then, Korea Securities Finance Corporation participated in the lender group.

(2) On September 29, 2009, the loan limit of KRW 300 billion between the Plaintiff and the Plaintiff entered into a loan agreement between the Plaintiff and the Plaintiff (hereinafter referred to as the “instant PF loan agreement”) for project financing (hereinafter referred to as the “PF loan agreement”).

(2) According to the instant PF loan agreement and the business agreement separately concluded between B and a lender, and a contractor, B may proceed with the instant business by dividing it into three lanes. However, if the sale rate after the commencement of the first sale procedure reaches 70%, the following business may proceed in order after six months from the commencement of the sale procedure, and if the sale rate falls short of 70% until six months after the commencement of the sale procedure, the lender of the instant case may terminate the construction contract with K (hereinafter “K”) which is the contractor in subrogation of B.

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