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(영문) 서울고등법원 2015.01.07 2013나80186

부당이득금반환 등

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1. All appeals filed by the plaintiffs and the succeeding intervenors A are dismissed.

2. The CA of the Intervenor partially succeeding to Plaintiff E.

Reasons

1. Facts of recognition;

A. The parties 1) The Defendant is the Seo-gu Incheon Cheongra Free Economic Zone (hereinafter “Cheongra District”).

(2) The apartment complex consisting of 828 units in the Ma4 block, 1, 498 units in the Cheongrogslle 7 units, 1, 498 units in the Cheongrogsle divestel, and 4 units in sales facilities (hereinafter the above apartment complex and officetel are separated, the name of the apartment complex is stated, and the apartment complex in this case is "the apartment complex in this case". The apartment complex in this case and sales facilities are "the apartment complex in this case".

(2) The Plaintiff, the succeeding Intervenor A, and the Plaintiff E, were newly built and sold in lots. 2) From June 2009 to August 2009, the CAB concluded a sales contract on the same part of the claim amount by the Plaintiff among the apartment of this case, and the part of the unit column of the apartment of this case (hereinafter “instant sales contract”) between the Defendant and the Defendant, or directly or successively acquired the rights and obligations under the sales contract from the initial buyer or from the initial buyer.

(A) The plaintiffs and the plaintiffs succeeding intervenors (hereinafter both the plaintiffs and the plaintiffs succeeding intervenors 1 through 11, 15 through 26, 28 through 41, 43 through 53, 55, 56, 58, and 59 as shown in the separate sheet Nos. 12, 14, 27, 42, 54, and 57 of the separate sheet No. 12, 12, 12, 14, 42, 57 of the plaintiffs, and the plaintiff succeeding intervenors are the assignee of the rights and obligations under the above sales contract, and the down payment date is from June 1, 2009 to June 9, 2009) as shown in the separate sheet No. 61 to 73, 75 of the plaintiffs' list, the buyers of Soloyytel, the plaintiffs' list No. 60, 744, and 59 of the plaintiffs' rights and obligations under the above sales contract from the date of transfer.

C) The Intervenor succeeding to the Plaintiff B acquires the rights and obligations under the sales contract from the Plaintiff (Withdrawal B) during the course of the first instance trial.