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(영문) 서울고등법원 2015.07.17 2014나2001476
분양대금반환 등
Text

1. The judgment of the court of first instance is rendered upon the claim that the plaintiff C and the other plaintiff (Counterclaim defendant) changed in the trial.

Reasons

1. The facts below the basis facts do not conflict between the parties, or are admitted as a whole by taking account of the overall purport of the pleadings as set out in Gap evidence Nos. 1, 2, 7, 8, 13, 14 to 26 (including serial numbers, hereinafter the same shall apply), Eul evidence Nos. 1 to 8, 11, and 12.

[1] On January 30, 2009, the Defendant obtained approval from the Kimpo-si mayor for the housing construction project plan of the “B apartment” on the ground of the 55 parcel from Kimpo-si and Kimpo-si (hereinafter “instant apartment”) and constructed and sold the instant apartment from July 2009.

The Plaintiffs concluded the instant apartment sales contract with the Defendant.

However, Plaintiff C acquired the status of buyer from D and E who entered into the sales contract of the apartment of this case with the Defendant.

(2) The Defendant bank, Korea Exchange Bank, Gwangju Bank, Goyang-dong community credit cooperative, search-dong community credit cooperative, personnel Dong community credit cooperative, Yeongdeungposan community credit cooperative, and Yeongdeungposan community credit cooperative (hereinafter collectively referred to as the “Defendant financial institution of the first instance”) concluded a business agreement with the Defendant on the payment of part payments of the apartment in this case and loaned part payments to the Plaintiffs.

[2] From July 2009 to April 2010, the Plaintiffs entered into a contract with the Defendant that each of the households indicated in the “Dong” and “Sho” column of the above detailed statement with regard to the apartment of this case (hereinafter “instant sales contract”) on each of the following dates: (a) from July 2009 to April 201, the sales contract of this case entered into an agreement with the Defendant to purchase the apartment of this case at each price indicated in the above detailed statement.

The main contents of the instant sales contract are as follows.

(B) In the following, “A” means the Plaintiffs. The scheduled date of occupancy: A is somewhat changed according to the process during March 2012.

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