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(영문) 서울고등법원 2014.09.26 2013나23503

분양대금반환 등

Text

1. Of the judgment of the court of first instance, including a claim for the main claim expanded or added at the trial and the conjunctive claim for the main claim.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows.

(The main sentence of Article 420 of the Civil Procedure Act): Provided, That the following parts shall be added between the 13th sentence of the judgment of the first instance and the 9th sentence:

On December 28, 2012, the Seoul Central District Court rendered a ruling of bankruptcy against D with the above Seoul Central District Court 2012Hadan9298 and appointed attorney Q as the bankruptcy trustee. The Plaintiff D’s bankruptcy trustee, around February 26, 2013, expressed his/her intention to cancel the instant sales contract as an executory contract and requested the return of the sales price (Evidence A or B) to the Defendant New Real Estate Trust pursuant to Article 335(1) of the Debtor Rehabilitation and Bankruptcy Act.

2. The plaintiffs' assertion

A. 1) The plaintiffs did not move into the apartment of this case from March 201 to June 201, which was the scheduled date of moving into the sales contract of this case. As such, the plaintiffs cancel the sales contract of this case by serving the copy of the complaint of this case pursuant to Article 2 (3) of the sales contract of this case. The individual agreement of this case is not valid because 250 or more households, which are the effective requirements stipulated in the main sentence of Article 7 of the individual agreement of this case, do not meet the requirement that they should enter into the individual agreement of this case, or it is concluded by deception of the defendant's living real estate trust due to deception or mistake, and the plaintiffs do not restrict the plaintiffs' right to cancel the contract of this case by the individual agreement of this case (the plaintiff J asserted the individual agreement of this case instead of the individual agreement of this case).