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(영문) 서울중앙지방법원 2013.01.09 2012가합25857
분양대금반환
Text

1. All of the lawsuits filed against the Defendant for the trust of real estate by the Plaintiffs (including the Plaintiffs in the counterclaim).

Reasons

1. Basic facts

A. The plaintiffs are the buyers of Q apartment in Seongbuk-gu Seoul P and 92 lots (hereinafter "the apartment of this case"). The defendant's living real estate trust is the entrusted executor who newly built and sold the apartment of this case. The non-party R is the construction work of the apartment of this case. The company was merged with the non-party corporation S on June 3, 2009 (hereinafter "S"), and the non-party corporation T (hereinafter "T") is the entrusted executor of the apartment of this case.

On the other hand, the Defendant’s National Bank, the Bank, the Korea Communications Union, and the Correspondence Union (hereinafter “Defendant’s financial companies”) concluded a loan agreement with the Plaintiffs for the payment of intermediate payments out of the sales price of the instant apartment.

B. 1) The Plaintiffs entered into a contract from Defendant New Real Estate Trust to purchase each of the relevant apartment units listed in the “Dong” and the “supply amount” column as stated in the separate sheet among the apartment units of this case, and Defendant New Real Estate Trust to purchase each of the corresponding apartment units listed in the “Dong” and “supply amount,” and Defendant New Real Estate Trust to pay the down payment as stated in the corresponding sheet, and thereafter paid each of the relevant intermediate payments (hereinafter the above contract is referred to as “instant sales contract,” and the contract is referred to as “the instant sales contract,” respectively.

(2) Of the instant sales contract, the content pertaining to the instant case is as follows.

◎ 입주예정일 : 2011년 3월(공정에 따라 다소 변경될 경우 추후 개별 통보키로 함) 제2조(계약의 해제) (3) “을”(원고들을 포함한 이 사건 아파트의 개별 수분양자를 의미한다)은 “갑”(피고 생보부동산신탁을 의미한다)의 귀책사유로 인해 입주예정일로부터 3월 이내에 입주할 수 없게 되는 경우 이 계약을 해제할 수 있다....

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