분양대금반환 등
1.(a)
The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff), the defendant Edidrid Co., Ltd., and the corporation.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Defendant SDR is the executor of the business that newly constructs and sells “Ztel” (hereinafter “instant officetel”) on the ground AB of Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and the Defendant Korea Asset Trust Co., Ltd. (hereinafter “Defendant Trust Co., Ltd.”) is the trustee who entered into a trust agreement on the instant officetel construction project with Defendant SDR, and the Defendant Scco Construction Co., Ltd. (hereinafter “Defendant Scco Construction”) is the starting work of the said business.
(hereinafter referred to as the above Defendants, hereinafter referred to as the “Defendant Project Operators”). B.
On September 2008, the Plaintiffs entered into a sales contract with the Defendant trust company for each of the instant officetels listed in the attached Table 1, or succeeded to the rights and obligations arising from the sales contract by acquiring the sales right from the existing buyers.
C. Defendant NongHyup Co., Ltd concluded a collective loan agreement with Defendant project undertakers, and loaned the first intermediate payment (attached Form 12) and the second intermediate payment (attached Form 13) among the intermediate payment of this case to the Plaintiffs.
The Plaintiffs paid the third and fourth intermediate payments (attached Form 13, and 4) from the intermediate payment of this case to Defendant trust company, as shown in attached Table 1.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 10, 13, and 51 (including each number), the purport of the whole pleadings
2. Determination on the main claim
A. (1) Determination as to the primary claim against the Defendant’s business entity is based on the determination as to the main claim, and the Defendant’s trust company’s determination as to the main claim of the instant officetel is based on the following: (a) the Defendant trust company, while making a public announcement of sale as to the instant officetel, is aware of important design-related matters; and (b) may not raise an objection to the reduction thereof; (c) according to the arrangement, structure, location of each unit, unit, and landscape plan of the instant officetel.