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(영문) 광주고등법원 2019.12.13 2019나22998
분양대금반환 등
Text

1. The plaintiff's appeal and the first preliminary claim against the defendant B association added by this court, and the defendant C's company.

Reasons

1. The reasoning of the judgment of the court of first instance and the alteration thereof are cited by the main sentence of Article 420 of the Civil Procedure Act, as it is, except for dismissal or addition as follows.

Part 5, conduct 3, the following shall be added:

(B) Part 3 of Part 9 of the "Request against Defendant C" is deemed to be "(b) where Party A has failed to repay the principal and interest of the loan to Party A within one month from the date of the claim despite Party B's claim for the repayment of the principal and interest of the loan, if Party B has failed to repay the principal and interest of the loan to Party B within one month from the date of the notice of repayment."

In Part 9, each claim against the primary Defendant B and the primary Defendant C is “(C).” The primary Defendant B and the primary Defendant C are “each claim against each primary Defendant B and the primary Defendant C”.

Part 9 "2) The primary claim against Preliminary Defendant C" in Part 13 shall be "2) the primary claim."

The defendant C in Part 9, "," in Part 18, refers to "Defendant C, prior to the plaintiff."

The second part of the 9th 20th 20th 20th , "in case where the sales contract is cancelled or the sales price already paid by the buyer is refunded to the buyer due to the cancellation of the contract, etc. pursuant to Article 8 (2) and (3) of the 8th 20th , Defendant B shall preferentially pay the principal and interest of the loan with the refund money. Thus, Defendant B shall seek confirmation that Defendant C and Nonparty C have the obligation to recover the Plaintiff's loan amounting to KRW 178,024,90 under the loan agreement of this case and delay damages therefrom from the Plaintiff.

Unless the above obligation to preferentially recover the loans of the Defendant Association is confirmed, the Defendant C’s obligation to preferentially collect the loans is against the Defendant Association.

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