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(영문) 서울고등법원 2015.12.17 2013나58219
채무부존재확인 등
Text

1. Each appeal regarding the main lawsuit and counterclaim by the Plaintiffs and the Plaintiff (Counterclaim Defendant) D, E, F, G, and Plaintiff (Appointed Party) is filed.

Reasons

1. Basic facts

A. Status 1 of the parties and their designated parties (hereinafter both of them collectively referred to as “Plaintiff, etc.”

2) The apartment of this case (hereinafter referred to as the “instant apartment”) shall be deemed to be the apartment of Yongsan-gu, Yongsan-gu.

(2) K Co., Ltd. (hereinafter “K”) is a contractor who newly built and sold the instant apartment, and Defendant L is a contractor who entered into a contract with K for the new construction of the instant apartment.

3) Defendant Woori Bank and Nonghyup Bank (the National Agricultural Cooperative Federation pursuant to Article 134-4 of the Agricultural Cooperatives Act) succeeded to the rights and obligations thereof.

(2) The national bank (as referred to above three banks, the “Defendant Bank” is referred to);

(B) The Plaintiff, etc. (the transferee of the right of sale from a multiple buyers, but is not separately divided) entered into an agreement with K and Defendant L on the payment of intermediate payment following the sale of the apartment in this case, and extended part payments to the Plaintiff, etc.

3. Each contract for the sale of each apartment unit listed in the specification of the claim amount list and the “water supply amount” column stated in the same specification (hereinafter “each contract for the sale of this case”) was concluded and each contract for the sale of each apartment unit in each purchase price stated in the same specification was paid.

2) In each of the instant sales contracts, the Plaintiff et al. grants loans from Defendant banks (hereinafter “instant loans”).

(C) From January 2008, K and Defendant L directly deposited into the account in the name of the Defendant L’s account in accordance with the instant agreement, as seen below. (3) From January 2008, with respect to the payment of intermediate payments due to the sale of apartment buildings in this case with Defendant banks, the following contents are not more than the Convention.

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