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(영문) 대구고등법원 2014.12.23 2013나5177

분양대금반환

Text

1. Of the judgment of the court of first instance, the part on Defendant AnnbC Co., Ltd. is revoked and the Plaintiffs’ Defendant Co., Ltd.

Reasons

1. Basic facts

A. The plaintiffs as the parties, etc. are the buyers who purchased each of their stores among the first floor neighborhood living facilities on the ground of K, which are the main apartment located in the Daegu Suwon-gu J (hereinafter “instant main apartment”), and the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) is the seller of the instant main apartment complex, and the Defendant Mean L&C Co., Ltd. (hereinafter “Defendant Mean L&C”), as the executor of the instant main apartment construction and sale of the instant main apartment, is the truster who entered into a trust agreement with the Korea Asset Trust and the instant main apartment sales contract with the instant main apartment, and the Defendant E&K Construction Co., Ltd. (hereinafter “Defendant S&K”) is the main apartment construction contractor of the instant main apartment.

B. 1) The Plaintiffs entered the date of each of the instant sales contracts as indicated below in the “date of each sale contract” as indicated in the “date of each sale contract” list as follows: each of the instant main apartment units as indicated in the “number” column among the main apartment units of this case (hereinafter “each of the instant stores”) and the “object of sale” as indicated in the “date of each sale contract” list.

2) The sales contract for each of the instant sales contracts (hereinafter “each of the instant sales contracts”).

A) Upon entering into a contract with the Korea Asset Trust, each ownership is acquired by completing the registration of ownership transfer in their respective names as to each of its stores. 【The details of the sale contract’s 【The details of the sale contract’ 【The area of a public parking lot with the area of the (large lot) parking lot with the area of the (large lot with the area of the (large lot with the size) for the purpose of the sale in lots at the net time 【the sale in lots’ list ? the area of the sale in lots with the area of the (large lot with the area of the (large lot) lot with the area of the (large lot with the area of the (large lot) parking lot with the area of the land for the purpose of the sale in lots at the time of the sale in lots ? The area of the exclusive use in lots with the area of AB B 406, Apr. 12, 2010 = the area of the public parking lot with the original Plaintiffs 168. 36, 497, 2407. 51.36