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(영문) 의정부지방법원 2014.12.19 2012나8278

구상금

Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Plaintiff is an executor who newly constructs and sells G apartment located in the Dong-gu D (hereinafter “the apartment of this case”) in order to jointly construct and sell G apartment located in the Goyang-gu D (hereinafter “the apartment of this case”) with the Plaintiff and the Yangyang Industrial Development Co., Ltd. (hereinafter “Mayang Industrial Development”); and when referring to the Plaintiff and Yangyang Industrial Development together with the Plaintiff.

B. Defendant C and H (hereinafter “Defendant C, etc.”) entered into each sales contract as indicated in the attached Form sales contract, and paid the down payment on the contract date, and paid the intermediate payment on each fixed date. On each additional contract date, the Plaintiff, etc. shall pay the part payment to the Plaintiff, etc. up to the part on the day preceding the date of the designation of occupancy, and the interest paid to the Plaintiff, etc. shall be repaid when the Defendant C, etc. moved in; the interest accrued from the date of the designation of occupancy shall be borne by the Defendant C, etc.; and the interest accrued from the date of the designation of occupancy shall be paid by the Plaintiff, etc. up to the part on the day preceding the date of the designation of occupancy, and the interest accrued from the date of the designation of occupancy shall be borne by the Defendant C, etc. (hereinafter “instant additional contract”).

C. Meanwhile, on January 22, 2008, between the Plaintiff, etc. and the new bank (hereinafter “new bank”) that is the contractor of the instant apartment, concluded a business agreement with the Plaintiff, etc. and the sub-party to the contract on the construction of the instant apartment (Article 12 of the Agreement on the Loan of Part-Time Part-Time Loan) that, when the new bank loans funds necessary for the occupancy of the instant apartment to a prospective occupant for the instant apartment to a person designated as a prospective occupant, the new bank jointly and severally with the Plaintiff, etc. and the sub-party to the contract on the construction of the instant apartment (Article 12 of the Agreement on the Loan of Part-Time Loan) that the new bank, when claiming the payment by subrogation with the prospective occupant, shall immediately accept the claim for payment by the new bank (Article 1-1).