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(영문) 서울중앙지방법원 2018.02.08 2017가합519777
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is a financial institution established for the purpose of engaging in all businesses related to the banking business as prescribed by the Banking Act, and concurrently operating the trust business. The Defendant is a corporation established for the purpose of acquiring, developing, reserving, supplying, developing and maintaining land, developing and maintaining a city, constructing and supplying housing, and managing the business.

The defendant is a project implementer of the Seongbuk-si B Housing Redevelopment Project (hereinafter "B Housing Redevelopment Project") implemented around 2009 in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act"), and C, building owners, and D were granted a loan from the plaintiff in order to pay the contributions.

In around 209, the Plaintiff and the Defendant concluded the following business agreements (hereinafter “instant business agreements”).

Article 5 (Deposit Accounts for Loans) (1) A bank (Plaintiff) shall deposit a loan under an agreement with a seller on behalf of the seller in a contract for sale in the CMS account as specified in the housing sale contract on the date of payment for the sale price as delegated by the seller for sale in lots.

Article 8 (Preservation and Guarantee of Claims) (1) Banks shall treat loans as credit and credit assignment methods, and shall not require the Corporation (Defendant) to take responsibility for guarantee.

(2) As a result of cancellation, termination, invalidation, cancellation, etc. of a contract for sale between a contractor and a seller for sale in a future, a seller for sale shall accept the transfer of bonds for sale to the bank.

(Credit Transferr: Bank, Bonds Transferee: Corporation) Article 9 (Management of Loan Housing) (1) The Corporation shall, pursuant to Article 5, grant to the Corporation the right to sell (the right to claim the registration of ownership transfer, the right to claim the return of the sale price due to the termination of the sale contract, etc.) to the purchaser of the house (hereinafter referred to as "loan Housing") included in the name of the lender submitted by the bank to the Corporation.

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