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(영문) 서울고등법원 2019.05.16 2018나2063205
양수금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The status of the parties A Co., Ltd. (former trade name: K Co., Ltd.; hereinafter “A, regardless of whether it was before or after the change, hereinafter “A”) is a construction work of Ulsan Jung-gu L major apartment (hereinafter “instant apartment”) and was declared bankrupt by the Seoul Central District Court (2014Hau132) on August 7, 2014, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

The Defendants are the buyers who concluded an apartment sales contract with M Co., Ltd. (hereinafter “M”), the executor of the instant apartment construction project, or acquire the buyer’s status from the buyer.

B. 1) The sales contract of this case was concluded with N, Defendant C, D, H, and J as to each of the same subparagraphs among the apartment buildings of this case as indicated below as purchaser (hereinafter “each of the sales contracts of this case”).

(2) Upon entering into each of the above contracts, the above buyers paid the first down payment. On May 13, 2008, N transferred the status of purchaser under the above contract for sale in lots to Defendant G (hereinafter referred to as the “N’s act in relation to the above contract for sale in lots was deemed to have been done by Defendant G for convenience and entered the subject into the contract as “Defendant G.”

2) On November 22, 2006, each of the sales contracts of this case is as listed below, each of the main contents of the sales contracts of this case, 578,000 G (N)-O-T on November 22, 2006, 2003,00,000 H U-V on November 479, 2006,000 JU-V on November 30, 2006 (JU-X 374,000,000 J-X on December 31, 2006) are as follows:

In the case of Defendant J, officetels type, and the rest of the Defendants are apartment type.

The number of items is different or same.

Article 1 (Methods of Payment) The payment of the Defendant’s intermediate payment shall be made once every two times more than once every five times every four times in the remainder of the down payment of the Defendant 20,000 57,300 57,300 57,300 57,300 57,300 57,300 57,300 57,300 57,300 57,800 57,800 57,800 57,800 57,800 57,8000 57,800 57,800 57,800 57,800 57,800 57,400 153,400 G 20, 5309, 300 59,300 530,5309,5300

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