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(영문) 서울고등법원 2017.05.11 2014나55958
분양대금반환 등
Text

In accordance with the claim of the main lawsuit that has been changed in exchange at the trial, the rehabilitation debtor, which is the lawsuit of the defendant AR, a corporation.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The relationship between the parties 1) The Plaintiffs and the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”).

) When all the plaintiffs (including the counter defendant) and the counter defendant AV (including the counter defendant) and the counter defendant AV, "the plaintiff, etc." are "the plaintiff, etc."

[2] The apartment of this case (1,275 households, hereinafter "the apartment of this case") located in the BC in Nam-si, Namyang-si.

The plaintiffs or their successors to the status of the buyer from the initial buyer or the sale in units of each household or from the initial buyer (as to some plaintiffs who succeeded to or succeeded to the status of the buyer from the initial buyer, hereinafter the above plaintiffs' acts and the initial buyer's acts are not distinguished, and the above plaintiffs' acts are stated as acts committed by the above plaintiffs.

2) Defendant AR is the executor and contractor of the instant apartment construction project. Defendant AR is the executor and contractor of the instant apartment construction project, and Defendant AV (a Han Bank Co., Ltd., prior to the merger, took over the previous litigation procedures as it was merged with Defendant Han Bank, and hereinafter referred to as “Defendant Han Bank”), without distinguishinging the companies prior to and after the merger, was removed from Plaintiff I, K, T, U,D, and AE; and the Defendant Han Bank, five and the Plaintiff BE, AX, BG, BA, BA, BA, BB, BB, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, and counter-Defendant AV-Defendant AV Defendant AV withdrawn the principal claim in the first instance trial.

A financial institution that lends part payments to each apartment of this case out of the sales price for each apartment of this case.

(hereinafter referred to as "the defendant's financial institutions") when the defendant Han Bank and the national bank have a total of the departments. (b)

The Plaintiffs 1 Plaintiffs to enter into each contract for sale in lots and options contract

1. The "contract date" stated in the "The claim amount table for each of the plaintiff's first instance trial" refers to each of the units mentioned in the "Dong" and the "Dong" of the apartment of this case as stated in the same Table among the apartment of this case, or the sales contract was concluded or the sales contract was concluded.

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