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(영문) 서울고등법원 2020.09.03 2020나2001576

분양대금반환 등

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, including each attachment, except for the dismissal or addition as follows, as to the allegations emphasized or added by the plaintiffs in this court. Therefore, it shall be cited pursuant to the main sentence of Article 4

2. Part 8 Haak or added part 8 Haak 7 and 8 Haak "The Defendants did not actually provide the above-mentioned rental care service, such as being forced to do so, to the effect that "if the Defendants were forced to do so and did not comply therewith, they made it clear that they did not intend to perform the duty to provide the rental care service and the duty to register ownership transfer."

At the time of the conclusion of the instant sales contract, the first 3 and fourth instances of “No real estate security trust agreement shall be concluded with the Plaintiffs regarding the instant commercial buildings in order to provide the rental service at the time of the conclusion of the instant sales contract,” respectively, (i) read “No notification and explanation has been given to the Plaintiffs that for the provision of the rental care service and the transfer of ownership, the rental contract and the real estate security trust contract should be concluded with respect to the instant commercial buildings at the time of the conclusion of the sales contract.”

The 10th 4th 5th 4th 4th 5th 4th 4th 5th 4th 5th 4th 5th 4th 5th 4th 5th 4th 5th 4th 5th 5th 11th 11th 13th 11th 13th 11th 2th 11th 11th 2th 2th 11th 2th 2006. The 2nd 2nd 5th 5th 9th 5th 4th 5th 5th 5th 5th 2006.