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(영문) 서울중앙지방법원 2019.04.30 2018가단5212873
공탁금 출급청구권 확인
Text

1. Between the Plaintiff and the Defendants, the Korea Land and Housing Corporation is the Seoul Central District Court No. 2018Hun-Ba13406 on June 1, 2018.

Reasons

1. On October 31, 2014, the Plaintiff entered into the instant business agreement with the Korea Land and Housing Corporation (hereinafter “Corporation”) regarding part payments of D block apartments constructed and supplied by the Corporation, and the main contents thereof are as follows.

Article 1 (Purpose) The purpose of this Convention is to prescribe matters to be mutually cooperate in connection with loans for the purchase price to be paid to "A" by contractors who purchase housing supplied by "A" (the Seoul Local Headquarters of the Korea Land and Housing Corporation).

Article 2 (Scope of Application) (1) This Convention shall apply to D block constructed and supplied by “A”.

Article 3 (Scope and Conditions of Loan Support) (1) "B (B)" shall provide support to "A" within the scope of the amount to be paid by the seller for sale, excluding the amount already paid by the seller for sale among the sale price of the housing subject to the contract.

Article 4 (Deposit Accounts for Loans) (1) "B" shall deposit a loan under an agreement with a seller on behalf of the seller into the Cms account marked in the house sale contract within the payment period.

Article 8 (Management of Loaned Housing) (6) When a contract for the sale of leased housing is cancelled, "B" may request the principal and interest of a contract after submitting a document verifying the authority of acceptance from the seller's agent or the seller for the sale and purchase, excluding the amount subject to deduction prescribed by the contract for sale and purchase.

On June 8, 2015, the Plaintiff entered into an agreement with Defendant B on a loan agreement of KRW 166 million with a loan product, which is “F,” which is a buyer of the above apartment apartment E, in accordance with the instant business agreement, and entered into an agreement on the transfer of claims for the return of the purchase price to Defendant B to secure the claim arising therefrom, and was submitted by Defendant B a notice of the transfer of claims, a letter of commitment (Concurrent use of delegation), a contract on the transfer of claims, and a written request for notification.

The plaintiff on June 23, 2015.

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