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(영문) 서울고등법원 2016.07.15 2013나22302

계약금 등 반환

Text

1. Of the judgment of the court of first instance, the part against the Defendants regarding the plaintiffs' conjunctive claims shall be revoked.

2. The above-mentioned cancellation part.

Reasons

1. Basic facts

A. The Plaintiffs are the buyers who purchased a H apartment located in G (hereinafter referred to as the “instant apartment”) within the urban development project zone of the Dong-gu Seoul Metropolitan City D (hereinafter referred to as the “E zone”) in Goyang-si, Yangyang-si, or the buyers who acquired the buyer’s qualifications for the pertinent apartment units through resale of the sale right or donation.

B. The instant apartment complex is divided into three and five complexes. The Defendant’s petition construction, the development of the solar industry, and the aggregate forest are five complexes of the instant apartment complex; the Defendant’s petition construction, and the development of the solar industry are the executing company that newly constructs and sells the instant apartment complex three complexes; and the A Co., Ltd (hereinafter “A”) is a contractor that newly constructs the instant apartment complex.

(A) The Seoul Central District Court 2012 Ma116 decided that the rehabilitation procedure was commenced and that B was appointed as a trustee, and the bankruptcy procedure commenced by the Seoul Central District Court 2014Hahap63, and was declared bankrupt by the above court on April 16, 2014, and the Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor was appointed as a bankruptcy trustee). (C)

Of the plaintiffs, those who directly acquired the status of the buyer of the apartment of this case shall be in attached Form

2. The "Conclusion date of a contract for sale" in the list shall be as shown in the corresponding date of the apartment of this case.

2. The term "sale household" in the list shall be as shown in the attached Form concerning the relevant sale household;

2. The other party's "the other party" as stated in the table after entering into a sales contract with each of the Defendants.

2. The term "contract deposit" in the list of the plaintiffs paid each amount as the down payment, and the plaintiffs who acquired the status of the purchaser of the apartment of this case by the method of resale or donation of the right to sell the apartment of this case shall be attached hereto.

2. The other party's "the other party" as stated in the table is attached to the seller or donor with the consent or consent of each of the Defendants.

2. The “sale household” of the list was comprehensively succeeded to the status of the sales contract for each of the relevant sales households entered in the list.

The following are the plaintiffs.