logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2014.11.28 2013가합100517
분양대금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On November 11, 2008, the Defendant and the Intervenor concluded a sales contract with the Defendant to purchase the instant real estate amounting to KRW 4,910,68,000 (hereinafter “instant sales contract”).

B. Since then, the Plaintiff entered into an agreement with the Defendant and the Intervenor joining the Defendant who purchased the instant real estate on the loan for sale price (hereinafter “instant agreement”) with the content that the Plaintiff would lend part of the purchase price under the instant sales contract to the Defendant, and the part relating to the instant agreement relating to the instant agreement is as follows.

Article 5 (Preservation of Loan Claim) (1) The defendant must comply with a request for consent to the establishment of the assignment of claim against the right to claim the return of the purchase price of land, etc. paid by the intervenor joining the defendant for joining the defendant

(2) Where any of the following grounds arise before the approval for land use, etc., the defendant shall pay the amount equivalent to the claims related to the loans from the refund payment within the limit of 15% of the purchase price of land, etc. paid by the intervenor joining the defendant, excluding penalty and other expenses, to the plaintiff and the defendant, in accordance with the letter submitted by the intervenor joining the defendant:

2. Where a ground for termination of a loan contract occurs due to the delayed repayment of the loan (including interest) of the Intervenor joining the Defendant (including loss of profit within the deadline) and the Plaintiff’s cancellation of the loan contract and requests the Defendant to refund the corresponding amount of the claim, the Plaintiff shall notify the Defendant of the ground for cancellation of the loan contract and the refund of the corresponding amount of the claim.

arrow