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(영문) 서울고등법원 2015.12.10 2015나10310
분양대금반환 등
Text

Of the judgment of the first instance, the defendants shall be jointly attached to the plaintiff A, B, E, E, E, F, G, and H

5. Table of appropriation of performance;

Reasons

Basic Facts

The relevant plaintiffs in the parties are the buyers (including the buyers in charge of the sale; hereinafter the same shall apply) of the Japanese apartment complex BA (hereinafter referred to as the “the apartment complex in this case”) in the Sinju-Eup-Myeon-si, and the defendant Korea Asset Trust Co., Ltd. (hereinafter referred to as the “Korea Asset Trust”) concluded a management-type land trust contract with the non-party S&A Korea Co., Ltd., which is the actual implementer, and then sold the apartment in this case to the plaintiffs. The defendant Hanyang Co., Ltd. (hereinafter referred to as the “Korea”) is the new contractor of the apartment building in this case.

The Plaintiffs to enter into sales contracts and pay the sales price shall be attached Form.

2. On the date stated in the table "contract date", the Defendants entered into a sales contract with the amount entered in the "supply amount" column of the same table with respect to the households mentioned in the same table "Dong," and "Y," among the apartment buildings of this case, or the first buyer succeeded to the status of the sales contract in which the amount entered in the "supply amount" column of the same table among the apartment buildings of this case was entered into between the Defendant's asset trust and the Defendant's assets trust on the date stated in the same table.

(2) The sales contract between the plaintiffs and the defendants is "the sales contract of this case" and the plaintiffs who succeeded to the status of the sales contract does not distinguish between the plaintiffs' act and the initial buyer's act and the above plaintiffs' act. The main contents of each sales contract between the plaintiffs and the defendants are as follows.

Article 2 (Cancellation of Contract) (1) In the event that the plaintiffs have committed any of the following acts, the defendant Hanyang may cancel this contract after giving a peremptory notice, if the plaintiffs have not performed it:

1. A grace period of at least 14 days shall be fixed because an intermediate payment prescribed in Article 1 is not paid on at least three consecutive occasions;

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