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(영문) 서울서부지방법원 2019.05.30 2018나39246
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 12, 2010, the Defendant is a housing redevelopment and consolidation project association that obtained authorization from the head of Mapo-gu Office to implement a housing redevelopment project in Mapo-gu Seoul Mapo-gu D.

B. On February 20, 2012, E received the registration of ownership transfer for a building with a size of 63 square meters and above ground located in the Defendant’s above improvement zone (hereinafter “instant real estate”), and became a member of the Defendant, and applied for parcelling-out on May 17, 2012. The Defendant’s association did not file an application for moving expenses during the period of application for moving expenses, and did not receive moving expenses due to the Defendant’s failure to file an application for moving expenses. As the instant real estate was subject to senior collateral security and provisional registration during the period of application for moving expenses, in fact, E is practically difficult to receive moving expenses from an I bank, the lending bank.

According to the loan business agreement of the I Bank at the time, a person who intends to obtain a loan has a duty to establish a complete first-class collateral security with the I Bank.

(No. 1). (c)

On June 12, 2014, the Plaintiff was awarded the instant real estate and completed the registration of ownership transfer on July 8, 2014. On July 11, 2014, the Plaintiff acquired the Defendant’s membership status from the foregoing E and concluded a sales contract with the Defendant for the instant apartment (G; hereinafter “instant apartment”) H on July 21, 2014.

On the other hand, in relation to the relocation measures, the defendant's articles of association Article 35 (2) of the association can arrange the association members who wish to provide the relocation expenses to enter into an agreement with the financial institution directly or enter into an agreement with the contractor.

In such cases, the member who receives the relocation expenses shall provide the land and buildings owned within the project implementation district as security.

(hereinafter referred to as "the main provision of this case") was stipulated as "the defendant, according to the agreement with the contractor pursuant to the above articles of incorporation, loans to the union members shall be extended.

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