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(영문) 서울중앙지방법원 2015.07.17 2015가합515238
분양계약해제 및 채무부존재확인 등
Text

1. The plaintiffs' administrator of defendant Asian Trust Co., Ltd. and defendant Debtor Rehabilitation and Family Construction Industry Co., Ltd.

Reasons

The premise is the premise that Plaintiff A is the buyer of the unit of 101 Dong 1204, and Plaintiff B is the buyer of the unit of the apartment of this case 102 Dong 2401 and 103 Dong 3504, and Plaintiff C and D are the buyer of the unit of the apartment of this case, Plaintiff C and D are the buyer of the unit of 103 Dong 1201, and Defendant Asian Trust Co., Ltd (hereinafter “Co., Ltd.”) is the seller of the apartment of this case, and Dong Asian Construction Industry is the Si Corporation, Defendant Nonghyup Bank, New District Mutual Savings Bank, and Non-U.K. Savings Bank (former trade name: non-U.S. Savings Bank) of the apartment of this case. The apartment of this case is the financial institution that extended the intermediate payment of the apartment of this case to the Plaintiffs.

H, I, J, K, Plaintiff C, and D entered into a sales contract with Defendant Asian Trust to purchase each of the relevant apartment units listed in the item column of the sale price on each of the relevant dates stated below, by setting the corresponding amounts stated in the item of the sale price as the sale price.

L comprehensively succeeds to the status of the buyer in the sales contract for the instant apartment 101 Dong 1204 from H on April 4, 2012, and the Plaintiff A comprehensively succeeded to the status of the buyer in the sales contract for the instant apartment 101 Dong 1204 from L on May 17, 2012.

Plaintiff

B comprehensive succession of the status of the buyer in the sales contract for the instant apartment No. 102 2401 from I and J on May 24, 2012, and on June 14, 2012, the status of the buyer in the sales contract for the instant apartment No. 103 3504 was comprehensively taken over.

(2) The Plaintiffs paid the down payment on each of the instant sales contracts to Defendant Asian Trust on each of the following dates, and received the intermediate payment from Defendant Nonghyup Bank, New Korea Mutual Savings Bank, and Vienna Savings Bank, and then received the intermediate payment from the Asia Trust, respectively.

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