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(영문) 서울중앙지방법원 2014.02.06 2012가단310589
양수금
Text

1. The Plaintiff:

A. Defendant M&D, Korea Urban Development Co., Ltd., and B, jointly and severally, 97,400.

Reasons

1. Facts of recognition;

A. (1) The conclusion of the sales contract is that the Defendant F&D building (hereinafter “instant building”) is the building of Yeongdeungpo-gu Seoul Metropolitan Government C ground Dtel.

'the project of this case' is the project of this case.

The executor of the project in this case, Defendant Urban Development is the contractor of the project in this case, and Korea Asset Trust Co., Ltd. (hereinafter referred to as "Korea Asset Trust").

In relation to the instant business, the instant trust is referred to as “the instant trust from Defendant F&D to the real estate security trust.”

'Promotion Savings Bank'(hereinafter referred to as the 'Promotion Savings Bank') is the trustee of the corporation.

A) The first beneficiary of the instant trust and the part payments loaner against Defendant A (2E is between Defendant UAWD and urban development on December 9, 2004, and E is a contract under which the sales price of KRW 299,937,000 out of the instant officetels is to be sold from Defendant UAWD to Defendant UAWD. (hereinafter “instant sales contract”).

The main contents of the plan are as follows. The scheduled occupancy date: 23 months after the commencement of the plan (the scheduled occupancy date may be somewhat changed according to the process, and the accurate date shall be the subsequent notice) Article 2 (Payment of the purchase price):

4. The part payment loan can be applied only to the banks designated by the Defendant F&D, and the interest on the part payment shall be borne by the Defendant F&D prior to the date of the first occupancy designation, and shall be borne by E, regardless of the occupancy designation date after the first occupancy designation date.

Article 5 (Additional Fees, Overdue Charges, and Compensation for Delay)

2. E shall, when the date of the contract has expired due to the delay in the payment of intermediate payments and the balance, pay the late payment charge calculated by applying the late payment charge rate of 15% per annum to the number of days elapsed from the following day of the contract date to the actual payment date, and the order of appropriation of payment to the amount to be paid shall be the order of late payment, advance payment

3. On the date of designation of occupancy notified by the Defendant AWD, Defendant AWD or urban development.

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