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(영문) 서울중앙지방법원 2011.01.19 2010가합87738
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 plaintiffs, excluding the plaintiffs B, C, D, H, P, Q, X, Z, AC, AF, AG, AJ, AM, AM, AR, AS, ATS, ATS, BA, BU, BJ, BP, BP, BP, AP, andCC in the separate sheet between the defendant Gyeonggi-do City Development or Sporce CN apartment (hereinafter referred to as "the apartment of this case") in the same list as the "contract Date" in the separate sheet as in the separate sheet between the defendant Gyeonggi-do Development or SP, and CM and 15 lots of land, CM, and above-ground CN apartment (hereinafter referred to as "the apartment of this case"). The plaintiffs, B, C, D, G, H, Q, Z, Z, Z, AF, AF, AF, AF, AP, AM, AM, AMM, and B were purchased in the same list as the "sale price" list, B, B, B, B, B, BJ, and any of the "AJ" column.

(hereinafter referred to as “instant sales contract”). B.

In addition to the direct payment of the down payment and part of the intermediate payment (payment in cash) of the instant sales contract to Defendant Gyeonggi-do Development or Erhzye Industries Development, the Plaintiffs had Defendant National Bank take over the obligation of the pre-sale buyer among the successors to the housing loan agreement between the said bank, Plaintiff B, G, P, X, AA, AF, AM, AM, AS, AS, BJ, BK, BW, andCC. The rest of the Plaintiffs except the above Plaintiffs entered into a housing loan agreement with Defendant National Bank.

The part of the sales contract in this case was paid by allowing Defendant Gyeonggi-do to deposit its loans in the bank account for the development of the Si-do or over-the-counter industry.

C. Although the scheduled date of the occupancy stipulated in the instant sales contract was April 2010, the development of Defendant Gyeonggi-do City Development and Egrative Cr. Cr. C.P. did not obtain approval for the use of the instant apartment until the scheduled date of the occupancy.

On the other hand, around 2008, Defendant National Bank agreements on the intermediate payment of the instant sales contract with the Defendants.

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