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1. The plaintiff's appeal and the changed claim in exchange in the trial and the claims added in the trial are all dismissed.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into the Fund Management Agreement 1) The land B that was sold in public tender conducted by the Korea Land Corporation (hereinafter “instant land”).
3) The construction of a building on the ground (hereinafter “instant project”)
(2) On December 27, 2005, prior to the conclusion of a credit transaction agreement between the Plaintiff and the Defendant, the Plaintiff, the Defendant, and the Jeju Construction Co., Ltd., a construction company for the construction of the said building (hereinafter “main construction”) entered into a funding agreement with the Defendant that “the Defendant shall manage the funds and sales proceeds of the said building that the Defendant loaned to the Plaintiff with land purchase funds and project costs through the sales proceeds management account, and the Plaintiff shall pay the fees to the Defendant” (hereinafter “the instant funding agreement”).
The Fund management agreement of this case includes the following contents:
Article 1 (Establishment of Sales Proceeds Management Account) (1) For the management of the proceeds from sale, a bank shall establish an account for sales revenue management account (Account Number: C) in the name of the city and the joint seal of the city construction company and the business place of the bank (Defendant) with the joint seal of the city construction company, and the bank shall register the suspension of payment to that account and manage it.
Article 2 (Payment and Management of Loan for Land Purchase) (1) Loans: 7 billion won. (2) If a request is filed with a bank, such as a sales contract or a certified copy of the real estate register, the bank shall pay the loan after verifying the authenticity and appropriateness of the contract.
(3) Loans shall be paid to the account of a seller of the relevant land.
Article 3 (Payment and Management of Loan for Project Funds) (1) Loans: 2.5 billion won.
Acquisition tax, registration tax, authorization and permission cost, various contributions, design cost, supervision cost, contracting cost, and construction cost.