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(영문) 서울중앙지방법원 2016.01.13 2014가합27109

분양대금반환

Text

1. The plaintiffs' lawsuit against the receiver E of the rehabilitation debtor D Co., Ltd., the plaintiffs' lawsuit taking over the defendant D Co., Ltd.

Reasons

1. Basic facts

A. The status of the party is 1) Plaintiff A acquired the status of the buyer from Nonparty H, the buyer of Nonparty 103 Dong Dong 2901, which falls under the residential Dong of Yongsan-gu Seoul apartment (hereinafter “instant apartment”) and Plaintiff B acquired the status of the buyer from Nonparty 1, the buyer of the instant apartment from Nonparty 1, the buyer of Nonparty 1, the buyer of Nonparty 1, 102 Dong 1601, and Plaintiff F Co., Ltd. (hereinafter “stock Co., Ltd.” in this case), as the executor of the instant new apartment sales project, is the truster of the instant apartment sales contract with Defendant C to enter into a management-type land trust contract with Defendant C and trust of matters concerning the sale, etc. of the instant apartment. Defendant C is the trustee of the said trust contract with Defendant C, and Nonparty D is the contractor of the instant apartment, and the mutual savings bank and the new mutual savings bank are the financial institution that concluded an intermediate payment loan agreement with H and I (hereinafter collectively referred to as “Defendant Bank” in this case.

B) B. On December 23, 2010, the buyer of each sales contract of this case entered into the sales contract of this case, H H and H as the seller, D as the contractor, and Defendant C as the consignee, Defendant F as the buyer, and Defendant F as the consignee, and each of them stated in the sale price column as the sale price for each apartment as the sale price for each apartment as stated in each of the following column: < Amended by Presidential Decree No. 16015, Dec. 14, 2010; Presidential Decree No. 16011, Dec. 102, 2010; Presidential Decree No. 1,255,500,000; Presidential Decree No. 16275, Oct. 75, 200; Presidential Decree No. 22000, Oct. 1, 2010; Presidential Decree No. 22020, Feb. 23, 2010>

A) A contract was concluded, and each corresponding amount stated in Defendant C’s column was paid as down payment on each contract date. Each of the instant contract contracts for sale in this case “B” is concluded at the end of October, 2013 (it may be changed according to the process, and where it is changed, it shall be notified individually thereafter) of Article 2(3) of the scheduled date of occupancy.