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(영문) 서울고등법원 2015.12.16 2011나26126
분양대금반환 등
Text

1. The plaintiffs' appeal and trial against the National Bank of Korea Co., Ltd. is defendant Gyeonggi-do Development Co., Ltd.

Reasons

1. Basic facts

A. Plaintiff AV, AW, BC, and BM acquired each amount indicated in the “sale price” column in the same list among Gyeonggi-si, BL and 15 lots of land, CM, and one unit of land CN apartment (hereinafter “the apartment of this case”) as indicated on the date indicated in the “contract Date” column in attached Table 2 between the Plaintiff AV, AW, BC, and BM succeeded to the status of the previous buyers in the sale contract as indicated on the date indicated on the “Contract Date” column in attached Table 1 and 2, and the status of the previous buyers in the sale contract as indicated on each date in attached Table 1 and 2 with respect to each household.

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

In addition, the Plaintiffs listed in the attached Table 1, to Defendant Gyeonggi-do Development, and the Plaintiffs, in addition to directly paying the down payment and partial intermediate payment (payment in cash) of the instant sales contract to Defendant National Bank, the Plaintiffs, as indicated in the attached Table 2, had Defendant National Bank take over the obligation of the former buyer among the successors in title of the housing loan contract between Defendant National Bank and Defendant National Bank, and the rest of the Plaintiffs, except the above Plaintiffs, entered into a housing loan agreement directly 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.

Meanwhile, around 2008, Defendant National Bank concluded a loan agreement on the intermediate payment of the instant sales contract with Defendant Gyeonggi-do Development, Egr. Cr. Egypian Industry Development, and Mypsan Construction. The main content is that Defendant National Bank is an intermediate payment.

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