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(영문) 서울고등법원 2015.01.16 2013나49314
분양대금반환 등
Text

1. The plaintiff (Counterclaim defendant) whose exchange has been changed in the trial at the trial of the political party shall make the main claim and the preliminary main claim and the counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant SDR Co., Ltd. (hereinafter “Defendant SDR”) is an executory company of the business of newly constructing and selling Ztel (hereinafter “instant officetel”) on the land AA and AB in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, comprised of the Ztel (the first floor, commercial buildings), commercial buildings Ddong, and underground shopping malls; hereinafter “instant officetel”). Defendant Korea Asset Trust Co., Ltd. (hereinafter “Defendant trust Co., Ltd”) is a trustee who entered into a trust agreement with Defendant SDR and the instant sales business, and the Defendant Spanco Construction (hereinafter “Defendant Spanco Construction”) is a contractor who entered into a trust agreement with the instant sales business, and the Defendant Spanco Construction Co., Ltd. (hereinafter “Defendant Spanco Construction”).

(hereinafter referred to as the above Defendants, hereinafter referred to as “Defendant Project Operators”). B.

On September 2008, the Plaintiffs entered into a sales contract with the Defendant trust company for each of the instant officetels listed in the attached Table 1, or succeeded to the rights and obligations arising from the sales contract by acquiring the sales right from the existing buyers.

C. The Nonghyup Bank Co., Ltd. (hereinafter “Defendant Bank”) which is the taking over of the lawsuit by Defendant National Agricultural Cooperative Federation (hereinafter “Defendant Bank”) concluded a business agreement with the Defendant’s business entity on the collective loan of part payments, and granted loans to the Plaintiffs from the first part payment (attached Form 12) and the second part payment (attached Form 13).

The Plaintiffs paid the third and fourth intermediate payments (attached Form 14, and 5) of the intermediate payment of this case without obtaining a loan from Defendant trust company, as shown in attached Table 1.

[Grounds for recognition] The fact that there is no dispute, Gap's 1 through 10, 13, and 51 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. Determination on the main claim

(a) 1 payable cash, judgment on the primary principal claim.

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