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(영문) 서울중앙지방법원 2017.08.22 2016가합548204
대출계약 승계 이행의 소
Text

1. The defendant shall succeed to a loan by changing the debtor's title holder of the loan agreement stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff owned No. 204 of Eunpyeong-gu Seoul Metropolitan Government 2nd floor C (hereinafter “instant housing”) and the Defendant is in the position of the buyer of the instant officetel 1255 (hereinafter “instant officetel”).

B. On July 5, 2016, the Plaintiff and the Defendant: (a) sold the instant house to the Defendant; (b) the Defendant sold the instant officetel to the Plaintiff; and (c) agreed to settle all obligations, including the purchase price, security deposit, monthly rent, building repair cost, and the purchase price of the instant officetel, by paying KRW 5,2180,00 to the Defendant.

(hereinafter “instant agreement”) C.

On July 5, 2016, the Plaintiff completed the registration of ownership transfer of the instant housing to the Defendant, and transferred KRW 5,218,000 to the Defendant’s account on July 8, 2016.

On the other hand, on January 15, 2016, the Defendant entered into a loan agreement with the new bank (in the case of a corporation, hereinafter referred to as “stock company”) on the instant officetel as stated in the separate sheet, with the instant officetel.

Article 6 (Payment, Loan, and Non-Interest-Free Interest) The trust for real estate (hereinafter referred to as "A") and the development of laundry (hereinafter referred to as "sick") shall refer only to the case where the defendant applies for the loan of the purchase price for the payment of Article 1, and shall refer only to the case where the defendant applies for the loan of the purchase price:

(1) An application for a loan by contract head office shall be filed through a financial institution designated by Byung on the date A notifies, and the defendant shall bear the documents and all expenses necessary for the application for a loan.

2. Upon filing an application for an intermediate payment loan, the Defendant agrees that the loan is paid directly by the lending bank to the account for receipt of the supply price from the lending bank on the agreed date of intermediate payment.

Article 7 (Resale of Right) (1) The defendant shall have the right to sell in lots with the approval of Gap.

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