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(영문) 서울고등법원 2015.02.04 2013나2024373

부당이득금반환 등

Text

1. Plaintiffs and the Intervenor’s Intervenor’s appeal and the Plaintiff’s Claim List No. 1 column are indicated.

Reasons

1. Basic facts

A. The Defendant Clucco Asset Trust Co., Ltd. (hereinafter “Defendant Clucco”) was entrusted by Defendant H Co., Ltd. (hereinafter “Defendant H”), Defendant I Co., Ltd. (hereinafter “Defendant I”), and newly built and sold apartment buildings of 20 to 22,190 units of 20 to 30 units above the ground under the management-type investment trust method (hereinafter “instant apartment”) and ancillary welfare facilities. Defendant H and I are the trusters who entrusted the said land to Defendant Clucco and the joint construction of the instant apartment buildings.

B. From December 2009 to February 2010, the Plaintiffs purchased apartment units listed in the Plaintiffs’ list Nos. 1, 2, and 45 of the apartment units of this case from Defendant Coco’s 45 to February 2, 2010 as indicated in the Plaintiffs’ list Nos. 1, and 2 of the purchase price column in the list of claims Nos. 2, and the Plaintiff’s succeeding intervenors acquired the status of the sales contract from Defendant Coco’s 2, 2012 where BE purchased the instant apartment units of KRW 513,474,248,00 from Defendant Coco’s 513, 403, and KRW 474,248,00 from November 16, 2012; the Plaintiff’s succeeding Intervenor BG purchased the status of the sales contract from Defendant Coco’s 521,6049,248,000 won from Defendant Coco.

(2) The Plaintiff’s successor did not distinguish between the Plaintiff’s Intervenor and the Plaintiffs, and the said sales contract was concluded (hereinafter “instant sales contract”).

On March 22, 2010, in order to form part payments of the instant apartment, the Plaintiffs received a loan from the new bank, Korea Bank, Korea Bank, and Korea Exchange Bank (hereinafter the above co-defendants of the first instance court hereinafter referred to as the “instant loan bank”) from the Defendants on the part payment on the part of the Defendants in the column of part payments in the list of claims in attached Table 1 and 2, and Plaintiff 45. BI thereafter borrowed KRW 312,60,000 from the part payment.

The above loans are part of the intermediate payment of this case.