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(영문) 서울고등법원 2015.08.28 2013나75498
분양대금반환 등
Text

1. The plaintiffs' claims added to the plaintiffs' appeal and the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) is an executor who newly constructs and sells B apartment apartment (hereinafter “instant apartment”) in the Chungcheongbuk-gun, and Defendant Won Construction Co., Ltd. (hereinafter “Defendant Won Construction”) is a contractor.

B. On April 3, 2008, Plaintiff AL entered into a direct sales contract with Defendant A with respect to 801 Dong 1902 among the instant apartment units on April 3, 2008, and Plaintiff CL succeeded to the status of the seller on December 18, 2008 from the buyer who entered into a sales contract with respect to 808 Dong 1401 among the instant apartment units ( April 4, 2008) with the consent of the Defendants.

(hereinafter referred to as the “Plaintiff”) shall not be distinguished between the buyer and his successor.

Details of each sales contract concluded between the plaintiffs and the defendant A are as shown in the attached Table 2 list.

【Supply Amount” refers to the supply amount of pure apartment, not to include option contract (balcong expansion and sun-type air-conditioning), but to indicate the contract amount as “unsatisfy contract” in the case of non-satisfy contract; hereinafter referred to as “each of the instant sales contracts”).

In order to raise the intermediate payment of the instant apartment, the Plaintiffs received a loan from the agricultural cooperative (hereinafter “the instant loan bank”) on the joint and several occasions from September 22, 2008 to December 22, 2009, on the following five occasions, from September 22, 2008 to December 22, 2009, the intermediate payment was deposited into the account of the Defendants in the instant loan bank (hereinafter “instant intermediate payment loan”) and each of the loans was deposited directly in the Defendant’s account at the instant loan bank.

E. The Defendants, at the time of the conclusion of the instant loan agreement, have cancelled and cancelled the sales contract, and the down payment and the down payment for each of the instant sales contracts already paid.

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