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(영문) 부산고등법원 2016.08.25 2015나54493

채무부존재확인

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

2...

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or are recognized by the respective descriptions of Gap evidence Nos. 1 through 10, Eul evidence No. 1 (including each number), and the purport of the whole pleadings.

A. The plaintiffs are parties to the relationship (i.e., the parties to the contract) who purchased each building listed in the “Dong-ho” column in the attached Table 4, among K apartment constructed on the land of Busan Jin-gu and 2, Busan (hereinafter “the apartment of this case”) and succeeded to the rights from the buyer or buyer.

B. The development of the Seongdong Housing Industry (hereinafter referred to as the “Dongdong Housing”) and Defendant I Reconstruction Association (hereinafter referred to as the “Building Association”) are co-implementers and sellers of the instant apartment construction project, etc., and Pung Forest Industry Co., Ltd. (hereinafter referred to as the “Pung Forest Industry”) are the contractors of the instant apartment construction project.

In addition, on June 12, 2007, the Defendant Housing and Urban Guarantee Corporation (hereinafter “Housing and Housing Guarantee Corporation”) is a guarantee company that entered into a sales guarantee agreement with the Defendant Dongdong Housing and Guarantee Agreement to assume the responsibility to sell the apartment of this case or to refund the down payment and the intermediate payment in accordance with the relevant laws and regulations and the sales guarantee agreement at the time of the occurrence of the guarantee accident.

B. (1) On June 2007, Defendant Dongdong Housing, Reconstruction Association, and C&W bank (hereinafter “C&W bank”) announced the invitation of occupants of the instant apartment on the first day on the following day: (a) Defendant Dongdong Housing, Reconstruction Association, and C&W bank (hereinafter “C&W bank”)

Plaintiff

D, E, F, and H entered into a sales contract with Defendant Dongdong Housing, Reconstruction Association, and C&C (hereinafter “Defendant Dongdong Housing, etc.”) according to the public announcement of the sale in lots, respectively, and Plaintiff A, B, C, and G succeeded to the status of each sales contract from the buyer who entered into the sales contract with Defendant Dongdong Housing, etc. for the apartment of this case.

(hereinafter “instant sales contract”). The buyer of the instant apartment is each the buyer of the instant apartment.