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(영문) 인천지방법원 2013.07.16 2012가합2213

분양대금 반환 등

Text

1. Each Plaintiff (Counterclaim Defendant) stated in the “Counterclaim Defendant” list in the attached Table 1 list shall be the Defendant (Counterclaim Plaintiff)’s assets trust.

Reasons

1. Basic facts

A. Defendant SDR Co., Ltd. (hereinafter “Defendant SDR”) is the executor of the business (hereinafter “instant H building sales business”) constructing and selling H buildings (hereinafter “instant H building”) on the F and G ground of Yeonsu-gu Incheon, Yeonsu-gu (hereinafter “Defendant SDR”) and the Defendant Lessee (hereinafter “Defendant trust company”) is the trustee who entered into a trust agreement on the instant sales business with Defendant SDR, and the Defendant SDR Construction Co., Ltd. (hereinafter “Defendant SDR Construction”) is the starting work of the instant H building. The Defendant SDR Construction Co., Ltd. (hereinafter “Defendant SDR Construction”).

(hereinafter referred to as the above Defendants, hereinafter referred to as “Defendant Project Operators”). B.

The Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”) B and D entered into a sales contract with Defendant Trust Company on each officetel as indicated in the “number” column in the attached Table 2 list among the instant instant instant officetel buildings (hereinafter “instant officetel”). Plaintiff A, C, and E obtained approval on the succession of rights and obligations of Defendant Trust Company, and take over the status of the sales contract from the previous buyer.

(hereinafter referred to as the "Plaintiffs" without specifically distinguishing the plaintiffs who acquired the status of the sales contract from the first buyer and the first buyer, and they refer to all the plaintiffs; hereinafter referred to as the "sale contract in this case").

The Nonghyup Bank Co., Ltd. (hereinafter “Defendant Bank”) which is the taking over of the lawsuit by Defendant National Agricultural Cooperative Federation (hereinafter “Defendant Bank”) concluded a business agreement with Defendant business entities on the collective loan of part payments and extended part payments to the buyers of the instant H building.