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(영문) 서울중앙지방법원 2012.06.07 2011가합85838
분양대금반환 등
Text

1. Of the plaintiffs' claims and requests for change of causes on May 14, 2012, the defendant A Co., Ltd and the Korea Land Trust.

Reasons

1. The Plaintiffs, which are the premise of the dispute, are the buyers who purchase each household unit of D apartment (hereinafter “instant apartment”) and 25 units from April 15, 2008 to August 5, 201, in Gwangju-si, Gwangju-si, or who succeed to the status of buyers from the first buyer.

Defendant A is a construction project for the new apartment of this case. The land trust for the Defendant is one complex among the apartment of this case, and the two complexes among the apartment of this case is the company that sold the apartment of this case. Defendant B is the company that entrusted the new apartment of this case with the land trust for the Defendant and the single loan trust. Defendant bank is the bank that extended the intermediate payment to the Plaintiffs out of the sale price for the apartment of this case.

[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 6 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. On August 19, 2011, the part of the Plaintiffs’ application for change of claim against Defendant A et al. filed the instant lawsuit against Defendant A et al. seeking confirmation of the absence of the obligation to lend the part payments by the Plaintiffs against the cancellation of apartment sale contract on the grounds of deception by fraudulent and exaggerated sales advertisement, payment equivalent to the amount of the part payments by the Plaintiffs to Defendant Bank, and the absence of the obligation to lend the part payments by the Plaintiffs against Defendant Bank.

(Additionally, the part of the Plaintiffs who filed a separate suit to the same purport was merged with the case 201Gahap85838). Accordingly, the court below asserted between the Plaintiffs and the Defendants on the date of pleading four times from December 27, 2011 to May 17, 2012, with respect to the existence of the grounds for revocation of apartment sale contract, whether the Plaintiffs had the right to seek reimbursement of the amount of the Plaintiffs’ intermediate payment loans against the Defendant Company A, etc. against the Defendant Bank, whether the Plaintiffs had the right to claim reimbursement of the amount of the Plaintiffs’ intermediate payment loans, and the existence of the right to claim confirmation and the benefit of confirmation against the Defendant Bank.

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