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(영문) 서울남부지방법원 2016.12.08 2016가합103201
분양대금반환 청구 등

1. All of the plaintiffs' primary and conjunctive claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.


Basic Facts

The plaintiffs in the position of the parties are the buyers who have purchased or acquired the right to sell an I apartment (hereinafter referred to as the “instant apartment”) in Yongsan-gu, Yongsan-gu, Busan (hereinafter referred to as the “instant apartment”), or those who have acquired it.

Dratts Co., Ltd (hereinafter “Dratts”) is a contractor who newly built and sold the apartment of this case, and the defendant is a contractor who entered into a contract for the new construction of the apartment of this case with Dratts.

The plaintiffs (the plaintiff G acquired the right of sale from the buyer, but does not distinguish them) entered into the sales contract for each Dong and unit among the apartment buildings in the attached Table 1 (hereinafter "each sales contract in this case") from 2008 to 2009, and paid each money listed in the above list to Drhz as the sale price.

Article 1 (Supply Prices and Payment Methods)

1. The unitr of a drhz shall supply an apartment by the following methods, and the unitr shall pay the corresponding amount to the drhz:

If a bank name 00 bank account number 000 bank account number has been deposited in addition to the account mentioned in the preceding paragraph, drts are not all responsible for such deposit, and where the account number is changed, drts shall be notified separately to the buyer.

Where dr.e. d. d.e., bankruptcy, etc. makes it impossible to implement a contract for sale in lots, a person who has made a guarantee for sale in lots or a joint and several surety shall be liable for the performance of sale in lots (including inspection for use) of the relevant house or refund of paid occupancy

In each of the instant sales contracts, the Plaintiffs received a loan from the bank (hereinafter “instant loan”), and in fact, the bank deposited the sales price in the account in the name of the Defendant pursuant to the following business agreements between the Defendant, Drhz and the bank.