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(영문) 서울남부지방법원 2016.04.28 2015가단233344
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. The Plaintiffs are those who purchase the O apartment (hereinafter “the instant apartment”) in Yongsan-gu, Yongsan-gu (hereinafter “the instant apartment”) from Dlimz Co., Ltd. (hereinafter “Dlimz”).

The Defendant loaned part payments to the Plaintiffs under the guarantee of Newdong Construction Co., Ltd. (hereinafter “Newdong Construction”) and Dlimz, the contractor of the instant apartment.

B. On May 25, 2011, Dlimz concluded a real estate trust agreement with the K non-real estate trust company (hereinafter “K non-real estate trust”) regarding the households that received part payments among the apartment buildings in the instant case, with the intermediate payment lending institutions, such as the Defendant, the Agricultural Cooperatives Federation, the National Bank of Korea, and the Korean National Bank, as the first priority beneficiary.

C. Dlimts and the Defendant cancelled the instant sales contract on the grounds of the Plaintiffs’ failure to pay the remainder on December 2013. D.

According to Article 4 of the Business Agreement on the Collection and Collection of Loans between the Defendant, Dratts, and the Plaintiffs, in the event that the Defendant claims the Plaintiff for the repayment of loans due to the cause corresponding to the Defendant’s loss of interest under the Defendant’s basic terms and conditions of bank credit transaction regarding the loan of part payments, the Plaintiff’s delay in the repayment of loans, drats and New East-dong Construction cancelled the sales contract against the Plaintiffs for the recovery of the Defendant’s claim, and the Plaintiffs’ preferential repayment of the Defendant’s obligation to pay the principal and interest of part payments to the Plaintiffs by preferentially raising the Defendant’

E. The method of preferential appropriation is as follows: (a) if the Defendant designated as the first priority beneficiary in the K non-real estate trust requests a public auction, and thereafter the public auction procedure is implemented, the Defendant, the first priority beneficiary in the purchase price, pays the principal and interest of the part payments to the third party.

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