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(영문) 서울고등법원 2016.07.08 2015나2071434
분양대금반환 등
Text

1. Of the judgment of the court of first instance, the part of the plaintiffs' primary claim (excluding the part which became final and conclusive by the judgment of return) is remanded.

Reasons

1. Scope of the judgment of this court;

A. In the first instance trial, the Plaintiffs sought restitution of the sales price already paid to the Defendant on the grounds of cancellation or cancellation of the sales contract, and among them, the part of the sales price that was paid with a loan from the National Bank of Korea and the Savings Bank of Korea (hereinafter “National Bank”), Co., Ltd., Co., Ltd., Co., Ltd., and the Savings Bank, Co., Ltd., Ltd., Co., Ltd., Co., Ltd., Ltd. (hereinafter “Co., Ltd.”) was returned directly to the Savings Bank, but if such assertion is rejected, the Plaintiffs sought to return the entire amount to the Savings Bank. In addition, they sought compensation for tort

On the other hand, the National Bank filed a counterclaim against the plaintiff G and A to seek the payment of unpaid principal and interest.

The first instance court dismissed all the plaintiffs' primary and conjunctive claims, and accepted all the counter-claim claims of the National Bank.

B. The judgment of the court prior to remanding the case filed an appeal, and the plaintiffs filed an appeal against the defendant at the trial prior to remanding the case. ① In the first instance prior to remanding the case, the plaintiffs sought to pay the remainder of the principal and interest of loan, excluding the principal and interest of loan subrogated by the defendant, from the sales price already paid by the plaintiffs due to the cancellation or cancellation of the sales contract of this case. ② The conjunctive claim was modified to seek damages

(i) Of the plaintiffs' primary main claim, the part seeking a monetary payment to the savings bank was withdrawn, and the part seeking a monetary payment to the plaintiffs was expanded, and the conjunctive claim was changed in exchange for the main claim). The judgment prior to the remand was partially accepted by the plaintiffs' appeal and the judgment of the court of first instance was modified, and part of the main claim is subject to the primary main claim.

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