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(영문) 서울중앙지방법원 2016.01.14 2014가합11258
분양대금
Text

1. A receiver B of the same rehabilitation company, which is the litigation taking over the plaintiff's lawsuit against the defendant Dongbu Construction Corporation.

Reasons

1. Basic facts

A. On May 16, 2007, the Plaintiff is the apartment of this case (hereinafter referred to as “instant apartment”).

15 Dong 115 1504 (hereinafter “the instant real estate”).

2) The Dongbu Construction Co., Ltd. (hereinafter referred to as the “Dongbu Construction”) is the co-implementer of the apartment of this case, and the co-implementer of the apartment of this case, and the defendant Algwon City Development Co., Ltd. (hereinafter referred to as the “Defendant Algwon City Development”) is the co-implementer of the apartment of this case.

3) On January 7, 2015, Dong Branch Construction was subject to a rehabilitation decision by Seoul Central District Court 2014 Ma100212, and B was appointed as a custodian, and the receiver B of Dong Branch Construction took over the instant lawsuit of Dong Branch Construction (hereinafter “Defendant administrator”).

B. B. On May 16, 2007, D concluded a sales contract with the content that the instant real estate was sold at KRW 376,900,000 for purchase price (hereinafter “instant sales contract”). The instant sales contract signed and sealed the joint executor’s name and seal by Defendant Algwon City Development, joint executor’s construction, and buyer’s name and seal by Defendant Algwon Urban Development, joint executor’s construction, and buyer’s name and seal.

2) On May 16, 2007, D entered into an options contract of KRW 17,491,000 with respect to the instant real estate between Dongbu Construction (hereinafter “instant options contract”) and “instant options contract, etc.” by referring to the instant sales contract and the instant options contract.

(3) D) by December 22, 2009, the sales price and options construction price based on the instant sales contract, etc. were fully paid by December 22, 2009.

4) The scheduled date of occupancy in the instant sales contract is October 2009. C. D Plaintiff on the instant real estate between Dongbu Construction and D.

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