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광주고등법원 2014.11.28 2014나436
약정금
Text

1. The plaintiff's primary claim added in the trial and the first preliminary claim are all dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. The Defendant is a stock company established on September 5, 1996 for the purpose of housing construction and sales supply business, and the Defendant is a stock company B (hereinafter “B”) established on December 24, 2004 for the purpose of new construction and sales business of housing; and C (hereinafter “C”) is a company established on November 16, 201 for the purpose of new construction and sales business of housing.

B. B promoted the instant housing construction project from December 2, 2004 to May 2005, 2005, purchased each land listed in the separate sheet No. 29,627 square meters, such as Jannam-gun, Youngnam-gun, Jinnam-gun, and promoted the new apartment construction project on the ground of the above land in order (Partial registration of ownership transfer was completed in the name of K).

(hereinafter “instant housing construction project.” On February 7, 2006, the head of Youngam Gun approved the housing construction project plan with No. 2006-2, which newly constructs ten apartment units and 590 households on the site of 11 of the said land on a total of 35,876 square meters of the said land.

In addition, B entered into a real estate security trust agreement with the Korea Land Trust Corporation (hereinafter “Korea Land Trust Corporation”) on four occasions, including May 27, 2005 and July 25, 2005, September 13, 2005, and November 28, 2006, with each land listed in the attached Table 2 as the object of trust, and the first and second beneficiaries were mutually changed to the Young Mutual Savings Bank (hereinafter “Seoul Savings Bank”) with the first and second beneficiaries, as the object of trust, and the second beneficiaries were mutually changed to the Young Mutual Savings Bank (hereinafter “W Savings Bank”). Around that time, the registration of ownership transfer was completed as to each land listed in the attached Table 2 list in the attached Table 2 list of Korea Land Trust.

B borrowed a total of KRW 7.1 billion between September 2005 and August 2007, 2007 from the Twit Savings Bank as collateral, and at a time similar to W Savings Bank.

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