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(영문) 서울중앙지방법원 2013.08.14 2012가단137432
채무부존재확인
Text

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

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

Reasons

1. Basic facts

A. The parties to the contract (1) are those who acquire the right of sale from the buyers or the buyers who purchased B apartment (hereinafter referred to as the “instant apartment”) located in Yongsan-gu, Yongsan-gu, Seoyang-gu, Busan (hereinafter referred to as the “instant apartment”).

(2) Defendant Dlimz Co., Ltd. (hereinafter “Defendant Dlimz”) is an executor who newly constructed and sold the instant apartment, and Defendant Dlimz Co., Ltd. (hereinafter “Defendant Dlimz construction”) is a new contractor who entered into a contract with Defendant Dlimz on the new construction of the instant apartment and constructed the said apartment.

(3) Defendant Dong-gu Seoul Agricultural Cooperative, Defendant Seoul Agricultural Cooperative, Defendant Seoul Seoul Agricultural Cooperative, Defendant Youngdong Seoul Agricultural Cooperative, Defendant Youngdong Agricultural Cooperative, Defendant Youngdong Agricultural Cooperative, Defendant Youngdong Agricultural Cooperative, Defendant Youngdong Agricultural Cooperative, Seoul Livestock Industry Cooperative, Defendant Youngdong Seoul Forestry Cooperative, Defendant Seoul Rural Cooperative, Defendant Yangyang Livestock Industry Cooperative, Defendant Yangyang Korea Livestock Industry Cooperative, Defendant Yangyang Korea Livestock Industry Cooperative, Defendant Yangyang Korea Livestock Industry Cooperative, and Defendant Youngdong Agricultural Cooperative (hereinafter “Defendant 3 through 16”) concluded an agreement on the payment of part payments pursuant to the sale of apartment units, and loaned part payments to the Plaintiffs.

B. From January 2008, the Plaintiffs concluded each contract for the sale in lots and the payment of the plaintiffs' down payment (1) from around January 2008 to Defendant Dlimz and each apartment as stated in the list of claims by Plaintiff among the apartment buildings in this case, “Dong” and “Sho-water” in the same list as “supply price” (hereinafter “each contract for the sale in this case”).

(2) The Plaintiffs paid each contract deposit, etc. indicated in the “Contract Deposit” list for each Plaintiff’s claim amount in accordance with each of the instant sales contracts to Defendant Dlimz.

(c) agreements and part payments (1) loans;

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