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(영문) 서울중앙지방법원 2017.01.25 2015가합543219
손해배상(기)
Text

1. The Defendant’s KRW 820,747,872 as well as the Plaintiff’s annual rate of KRW 6% from December 14, 2012 to January 25, 2017.

Reasons

1. Basic facts

A. A. On November 2009, the Guro-gu Seoul Metropolitan Government (A reconstruction apartment complex is composed of two aggregate buildings with the third floor and fourth floor above each ground; hereinafter collectively referred to as “instant commercial building”) newly constructed and entered into a loan agreement with the Plaintiff (hereinafter referred to as “stock company Dae Young Mutual Savings Bank”) up to KRW 4.6 billion around November 16, 2009 in order to raise the purchase fund as a plan to promote the sales business of the commercial building to re-sale the commercial building and to promote the purchase fund (hereinafter referred to as “the instant loan agreement”).

B. At the time of the instant loan agreement, prior to the completion of the instant commercial building, the Plaintiff agreed to secure a security right to the repayment of the said loan and reflected the agreement in the loan agreement dated November 27, 2009.

Article 9. The borrower of the assignment of claims under the sales contract or other contract of the commercial building sales contract shall transfer all claims such as damages for delay, etc. which the borrower has against the seller in accordance with the sales contract of the commercial building, to the lender, and shall cooperate in the measures to obtain legitimate opposing power concerning the assignment of claims after concluding the contract of the assignment of claims in accordance

(3) Transfer, etc. of the right to claim transfer registration

1. The borrower shall decide to transfer to the lender the right of claim for ownership transfer registration that the borrower has against the seller under the commercial sales contract, and shall cooperate in the measures to obtain legitimate opposing power concerning the assignment of claims under the contract.

2. The borrower shall agree that the status of the purchaser under the commercial building sales contract shall be changed to the lender pursuant to the contract of transfer under paragraph (1);

Therefore, the notification of transfer under paragraph (1) is delivered to the seller, and the registration of transfer is made directly or in succession under the name of the lender.

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