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(영문) 서울고등법원 2016.11.04 2014나53303 (1)
분양대금반환 등
Text

1. The part against the plaintiffs in the judgment of the first instance, including a claim for addition and withdrawal at the trial, is as follows.

Reasons

1. Basic facts

A. The related plaintiffs of the parties are those who have bought the units of AO apartment (1,275 units, hereinafter "the apartment of this case") or succeeded to the status of the buyer from the initial buyer (as to the plaintiffs who succeeded to the status of the buyer from the initial buyer, hereinafter the above plaintiffs' acts are not distinguished from the acts of the initial buyer and the acts of the initial buyer, and as to the above plaintiffs' acts, they are stated as one of the above plaintiffs). The defendant C is the executor and contractor of the new apartment of this case, the defendant G is the plaintiff DK, EO, AW, and AF, and I is the plaintiff CY, Q, and the defendant Eul loaned the part payment for each of the apartment of this case to the plaintiff CY and Q, and the defendant E loaned the part payment for the part payment to the plaintiff C, AD, AH, AE, AH, AH, AK, AJ, AM, AF, and N.

(The above lender includes a joint and several sureties, and when collectively referred to as Defendant G, E and I, hereinafter referred to as “Defendant financial institutions”). (b)

(1) The plaintiffs entered into each contract for sale in lots and options contract from around 2007 to around 2009 with respect to each of the apartment units of this case as to the defendant C and each of the apartment units of this case (attached Form 2) and succeeded to the status of the buyer under the above contract for sale in lots from the first buyer who entered into the contract for sale in lots (hereinafter collectively referred to as "each contract of this case").

3) In addition, Plaintiff DK, EO, Q, AW, AC, AF, and AI are written as “observer price” on each of the date stated in the “observer contract date” in the above list, and each of the amounts indicated as “observer price” (hereinafter “instant options contract”).

[Written Agreement for the Supply of Inter-ju AO apartment] The scheduled occupancy date: Article 1 [The Scheduled occupancy date may be somewhat changed according to the process, and the accurate occupancy date shall be notified later) of the proposed occupancy date in December 2010.]

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