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(영문) 인천지방법원부천지원 2013.11.28 2012가합6447
분양대금반환 등
Text

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

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

Reasons

1. Basic facts

A. The status of the parties 1) Defendant Newan Construction Industry Co., Ltd. (hereinafter “Defendant Newan Construction”) obtained the approval of the housing construction project plan of the “B apartment” on the land outside A and 55 lots from the Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “instant apartment”) around January 30, 209, and from July 2009, it is the executing company and starting construction of the instant apartment that sold the instant apartment from July 2009, and the Plaintiffs are the buyers who purchased the instant apartment from the Defendant Newan-si Construction Co., Ltd. [However, Plaintiff C acquired the right as buyers from D and E (Plaintiff C’s parents) that entered into the instant sales contract.

We do not distinguish whether the plaintiffs directly concluded each of the instant sales contracts with Defendant Newan Construction, or whether the buyer acquired the right as the buyer from the initial buyer.

2) Defendant Korea Bank, Korea Exchange Bank, Gwangju Bank, Goyang-dong community credit cooperatives, search Dong community credit cooperatives, personnel Dong community credit cooperatives, and Yeongdeungposan community credit cooperatives (hereinafter collectively referred to as “Defendant financial institutions”) concluded a business agreement with Defendant New Construction and the sales of the apartment in the instant apartment, and loaned money to the Plaintiffs as part payment funds.

B. The Plaintiffs, from July 2009 to July 2009, enter into a sales contract and pay the sales price, are annexed to the Defendant.

2. Of the details of the sales contract in the “contract date” written on each date, a contract was concluded to purchase each of the instant apartment units in the “sale price” column in the same table as indicated on the same table (the Plaintiff entered into a contract for the construction of balcony expansion with each of the prices indicated on the “balcony” column in the same table; hereinafter “each of the instant sales contracts”).

The scheduled date of occupancy: If it is somewhat changed according to the process during October 2012, it shall be later changed.

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