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(영문) 서울중앙지방법원 2012.11.07 2011가합21360
분양대금반환
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant A Co., Ltd. (hereinafter referred to as the “Defendant A”), the Defendant B (hereinafter referred to as the “Defendant C”), and the Defendant C Co., Ltd. (hereinafter referred to as the “Defendant C”) newly built and sold the instant apartment after obtaining approval of the housing construction project plan of the Seo-gu Incheon, Seo-gu, Incheon, and the Incheon Wyle G Apartment (hereinafter referred to as the “instant apartment”) around December 2007.

B. From December 2007 to December 2010, ① Plaintiffs 1 to 18 as indicated in the list of Plaintiffs 1 to 2 as indicated in the annexed Table 1’s list and the designated parties 1 to 83 as indicated in the annexed Table 2’s list (hereinafter “the Plaintiffs of the annexed complex 1”) were sold from Defendant A Co., Ltd. (hereinafter “Defendant A”), and C Co., Ltd. (hereinafter “Defendant C”), each of the households listed in each of the annexed Table 3’s common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common people

(hereinafter referred to as each contract for sale in this case)

The plaintiffs and designated parties (hereinafter collectively referred to as the plaintiffs and designated parties) received loans from the National Bank of Korea Co., Ltd. (hereinafter referred to as the "Defendant National Bank") for the payment of intermediate payment in accordance with each of the instant sales contracts at the time of the conclusion of each of the instant sales contracts, and agreed that the above loans will be directly received by Defendant A, B, and C.

(hereinafter referred to as each of the loans of this case)

Defendant A, B, and C entered into a business agreement with Defendant National Bank on the payment of intermediate payment by the Plaintiffs under each of the instant sales contracts (hereinafter “instant business agreement”). This is ① the Defendant National Bank’s loan implementation under each of the instant loans to the Plaintiffs.

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