분양계약자지위확인
1. All appeals filed by the plaintiffs are dismissed.
2. The claims of plaintiffs B, C, E, and G added in the first instance.
1. The reasons for the court’s explanation concerning this case are as follows, and the reasons for the judgment of the court of first instance are as follows, except for adding the judgment of the conjunctive claim added by the plaintiff B, C, E, and G in the trial, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The list of pages 7 of the judgment of the first instance shall be amended as follows:
The sale price of the same subparagraph as the date of the contract of the plaintiff Nos. 1 A 603, 604, 2042, 204, 204, 203, 604, 204, 603, 304, 165,300,000 won on March 14, 2009 3 C, 206, 203, 203, 87,6,000 won on February 13, 2009 4D 606, 203, 129, 1.29,000,000 won on February 14, 2009, 5 E 609,160,000 won on February 6, 14, 2009, 609, 1.63,000,000 won on July 16, 2009.
(b) revise the sequence 7 "238 million" in the list of pages 8 of the judgment of the court of first instance to "438 million";
2. Determination as to the conjunctive claim of plaintiffs B, C, E, and G added at the trial
A. The sales contract of this case concluded between Plaintiff B, C, E, and G with the above Plaintiffs’ claim against Plaintiff B, C, C, E, and H for the new apartment of this case constitutes false labelling, or the contract concluded for the purpose of securing construction cost is a loan contract for the purpose of financing construction cost. Meanwhile, each of the sales contracts of this case was rescinded due to the Defendant’s refusal to implement the sales guarantee. Accordingly, the above Plaintiffs may claim the return of the business fund borrowed from H as part of intermediate payment. 2) Accordingly, Plaintiff B, C, E, and G H’s vicarious exercise of the right to demand reimbursement against the Defendant of the instant apartment of this case may claim the Defendant to pay the loan to the above Plaintiffs pursuant to Article 17 of the instant trust contract.
Therefore, the above plaintiffs can exercise by subrogation their rights under the instant trust contract in which they are insolvent and claim a payment of the loan to the defendant. Thus, the defendant falls under the "claim Amount" column in the attached Form.