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(영문) 서울중앙지방법원 2013.12.04 2013가합513009
채무부존재확인
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. All the costs of lawsuit are assessed against the Plaintiffs.

Reasons

1. Determination on the cause of the claim

A. The Plaintiffs asserted that the sales contract was concluded between the dratz Co., Ltd. (hereinafter “dratz”) and the Simyang-gu G Apartment-gu Seoul Metropolitan City (hereinafter “instant apartment”) to sell each of the instant apartment buildings, respectively.

(hereinafter “each of the instant sales contracts” included the content that each of the instant sales contracts may cancel each of the instant sales contracts where the Plaintiffs could not move into each of the instant apartments within three months from the scheduled date of move-in due to the reasons attributable to the dratts.

At the time of the conclusion of each of the instant sales contracts, the Plaintiffs received part payments from the Defendants who concluded an agreement with Dlimz and Newdong Construction Co., Ltd. on the payment of part payments for each of the instant apartment buildings among the apartment buildings. Specifically, the Plaintiffs listed in the attached Table 2 from the Defendant Woori Bank Co., Ltd., and the Plaintiffs listed in the attached Table 3 from the Defendant NH Bank, from the Defendant Nonghyup Bank Co., Ltd., the Plaintiffs, from the Plaintiff A and B, from the Defendant Sejong Agricultural Co., Ltd., and from the Defendant Sejong Agricultural Cooperative, the Plaintiff D was from the Defendant Seo Young-gu Agricultural Cooperative, from the Defendant Yang Korea Livestock Industry Cooperative, from the Plaintiff E Co., Ltd., from the Defendant Yangyang Korea Livestock Industry Cooperative, and from the

(hereinafter “each of the instant loans.” Meanwhile, the Plaintiffs and Drhz agreed to pay interest on each of the instant loans prior to the Plaintiffs’ occupancy of the apartment complex (hereinafter “each of the instant agreements”), Drhz and New East Asia Construction, and the Defendants are obliged to return the sales price to the Plaintiffs upon the cancellation or termination of each of the instant sales contracts, through prior consultation.

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