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(영문) 서울중앙지방법원 2013.05.24 2012가합13588

채무부존재확인 등

Text

1. As to the Defendant-Counterclaim Plaintiff:

A. The Plaintiff (Counter-Defendant) A was against KRW 517,383,891 and KRW 412,00,000 among them. < Amended by Presidential Decree No. 23990, Sep. 2, 2012>

Reasons

1. Determination as to the plaintiffs' claims against the defendants and the principal claim (excluding the plaintiffs' claims for damages)

A. Basic facts 1) The plaintiffs are those who acquire the right of sale from the buyers or the buyers who purchased the apartment of the Yongsan-gu Incheon Metropolitan City M (hereinafter “the apartment of this case”) in the ancient city.

B) Defendant K Co., Ltd. (hereinafter “Defendant K”)

(1) The Defendant L Co., Ltd. (hereinafter “Defendant L”) is an executor who newly built and sold the instant apartment.

(C) Defendant Korea Bank Co., Ltd. (hereinafter “Defendant Korea Bank”), Defendant National Agricultural Cooperative Federation (hereinafter “Defendant Nonghyup Bank”), Defendant National Agricultural Cooperative Federation (hereinafter “Defendant Nonghyup Bank”) pursuant to Article 134-4 of the Agricultural Cooperatives Act amended by Act No. 10522, Mar. 31, 201; hereinafter “Defendant Nonghyup Bank”); Defendant National Bank Co., Ltd. (hereinafter “Defendant National Bank”; and hereinafter “Defendant National Bank” when referring to the said three banks, the said three banks entered into an agreement with Defendant K and Defendant L on the payment of intermediate payments for the sale of apartment units, and extended intermediate payments to the Plaintiffs.

2) The Plaintiffs, from January 2008, enter into a sales contract and pay the purchase price to the Plaintiffs, are attached to Defendant K and the instant apartment from January 2008.

3. Each contract for sale in lots was concluded to sell each apartment unit as stated in the “supply Price” list of claims by Plaintiff (hereinafter “each contract for sale in lots”) to sell each apartment unit as stated in the “Supply Price” column of the same Table.

B. The plaintiffs are attached to each sales contract of this case.

3. The phrase “contract deposit” in the list of claims by the Plaintiff was paid the down payment, etc., and the intermediate payment was paid by receiving a loan from the Defendant bank (hereinafter “the instant loan”), and in fact, the Defendant.