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(영문) 서울고등법원 2015.03.19 2013나46360
양수금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The facts below the basis facts do not conflict between the parties, or may be acknowledged in Gap evidence Nos. 1, 3, 4 through 11, and Eul evidence Nos. 2, 3, 4, 6, 7, 14 (including the branch number; hereinafter the same shall apply) by integrating the whole purport of the pleadings.

1) The CN reconstruction and improvement project association (hereinafter referred to as the “CN reconstruction association”) shall be the Defendants’ status, etc.

(2) Defendant AL, AM, N, AO, BL, BM, BN, and BO are general buyers who purchased a newly built apartment from a CN reconstruction association.

(hereinafter “Non-members Defendants.” Defendant CH, CI, and CP are the successors of CB, who were members of CN reconstruction Association, and Defendant AV, AW, AX, AY, and AZ are the successors of CR, who were members of CN reconstruction Association.

(2) The Defendants, who were successors of Q and CR, were not partners of the CN reconstruction association, and the Defendants, other than the Defendants of non-members and successors, succeeded to the status of members of the CNR association or the Defendants of non-members.

Attached Form

1. C Q died on January 25, 201, prior to the filing of the instant lawsuit, and CR died on April 6, 201.

B. 1) CN reconstruction association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “TN”) shall conclude a contract for the CN reconstruction association and the Postal Service Construction Corporation.

(2) On October 17, 2006, CN reconstruction association, CN reconstruction association, CN reconstruction association, postal administration construction company (hereinafter “CN reconstruction association”) newly constructs apartment (hereinafter “instant apartment”) on two parcels outside the Seoul COCO in postal services construction (hereinafter “instant apartment”) at the price for 9,941,00,000,00 won (hereinafter “instant construction”).

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