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(영문) 인천지방법원 2014.09.05 2014가합51493
매매대금반환
Text

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

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

Reasons

Basic Facts

A. Defendant East Asia Co., Ltd. (hereinafter “Defendant East Asia”), on June 30, 208, changed the number of 2,089 square meters (hereinafter “N” was previously set; hereinafter “instant site”) to the “P building site” on the ground of the Nam-gu Incheon Nam-gu L Site Development Project Zone M, Nam-gu, Incheon. In order to carry out the business of constructing and selling a new building (hereinafter “instant building”) (hereinafter “instant project”), Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Asian Trust”), the Si Corporation’s Intervenor for the Defendant, a loan institution, the Bank of Korea (hereinafter “Korea Bank”), and the Defendant’s Defendant’s Defendant’s Intervenor concluded a contract with the Defendant’s Intervenor to purchase the instant building site and to secure the loan and the construction cost of the instant construction project with the amount of KRW 5 billion loan from the Bank of Korea as the loan limit.

(hereinafter “instant business agreement”). B.

On June 30, 2008, Defendant East Asia entered into the instant business agreement with the Defendant Asian Trust and entered into a trust agreement with the Bank as the first beneficiary of the instant site, and the second beneficiary of the construction of the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s M&C as the second beneficiary of the instant site (hereinafter “instant trust agreement”).

C. The Plaintiffs, as indicated in the attached Table 2’s “contract Date”, are either sold by units or acquired by the first buyer the right to sell each of the relevant stores indicated in the “Real Estate Indication” column of the instant building from Defendant Dong-Cenc on each of the corresponding dates.

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