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(영문) 서울중앙지방법원 2014.07.09 2011가합85296
부당이득금반환 등
Text

1. The Defendants shall jointly and severally exclude the designated parties G, H, and I from the designated parties listed in the annexed Table 1 List.

Reasons

1. Basic facts

A. The relevant Defendant E Co., Ltd. (hereinafter “Defendant E”) and Defendant F Co., Ltd. (hereinafter “Defendant F”) are the project proprietor who constructed and sold the J apartment (hereinafter “instant apartment”) with 7 Dong-gu Incheon Metropolitan City 848 households, and Defendant D Co., Ltd entered into a contract with Defendant E and F on the construction of the instant apartment and constructed the instant apartment.

Attached Form

From among the designated parties on the list of the first designated parties (hereinafter referred to as “Plaintiffs”), the remaining designated parties except for the designated parties G, H and I shall be those who entered into a contract for the sale of the apartment of this case with Defendant E and F, or acquired the status of the seller by transfer, and currently hold the ownership of each of the relevant apartment in the same sheet of the amount of award by the designated parties in attached Form 2 among the apartment of this case and the number column for each of the relevant apartment of this case.

B. On June 5, 2007, the Defendants, who entered into each of the instant apartment construction contracts, commenced the instant apartment construction project on June 29, 2007 after obtaining approval of the project from the head of the Incheon Southern-dong, the competent authority, from the head of the Si/Gun/Gu, and applied for approval of the invitation of occupants on July 2, 2007, and obtained approval of the invitation of occupants on July 7, 2007.

C. From July 23, 2007, the Defendants entered into each of the instant sales contracts and balcony expansion contracts. From around July 23, 2007, the Defendants concluded each of the instant apartment sales contracts with the buyers including part of the Plaintiff’s designated parties. The main contents of the instant sales contracts are as follows (hereinafter the above sales contracts are referred to as “each of the instant sales contracts”).

In supplying the above indicated property, the seller’s representative director K, the representative director L of Defendant F, and the representative director M of Defendant D refers to “A”, and the buyer refers to “B”, and enter into a supply contract as follows.

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