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(영문) 서울고등법원 2014.12.04 2013나2019029

분양대금 반환 등

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1. The plaintiff (Counterclaim defendant)'s appeal on the principal lawsuit and counterclaim of this case is all dismissed.

2. The appeal costs.

Reasons

Basic Facts

Defendant Edidbrider Co., Ltd. (hereinafter “Defendant Edidbrider”) is an executor of the business of newly constructing and selling H buildings (hereinafter “instant H buildings”) (hereinafter “instant sales business”) on the F of Yeonsu-gu Incheon, Yeonsu-gu, and the G’s ground (hereinafter “Defendant Edidbrider”), and the Defendant Korea Asset Trust Co., Ltd. (hereinafter “Defendant trust Co., Ltd.”) is a trustee who entered into a trust agreement with Defendant Edidbrider on the instant sales business, and Defendant Edibrid Construction (hereinafter “Defendant Edico Construction”) is the starting work of the instant H buildings.

(2) The Plaintiff, B, and D concluded a contract with the Defendant trust company for the sale of an officetel as indicated in the column of “No.” in the attached Table 2 “No.” (hereinafter referred to as the “instant officetel”) of the instant H building (hereinafter referred to as the “instant officetel”) and the Plaintiff, A, and C obtained approval on the succession of rights and obligations from the Defendant trust company, thereby taking over the status of the sales contract from the previous buyers.

(2) In this case, the first buyer and the first buyer who acquired the status of the sales contract are referred to as the “Plaintiffs” and all of them are referred to as the “instant sales contract”. The sales contract concluded between the plaintiffs and the defendant trust company is referred to as the “instant sales contract.” The defendant National Agricultural Cooperative Federation’s lawsuit taking over the lawsuit (hereinafter “the defendant bank”) is a financial institution which concluded a business agreement on collective payment loans with the defendant business entity and extended part payments to the buyer of the instant H building.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3, and Eul.