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(영문) 인천지방법원부천지원 2016.04.06 2015가합103219
채무부존재확인
Text

1. The Incheon District Court regarding real estate stated in the separate sheet between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. B reconstruction housing association (hereinafter “the non-party association”) is an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “the apartment of this case”) organized to carry out the reconstruction project of apartment on the land outside and outside the 3 parcels of Ycheon-gu, Seocheon-gu, Busan (hereinafter “the non-party association”).

B. On August 4, 2003, the non-party association selected a comprehensive housing construction company (hereinafter “comprehensive housing construction”) as a 96 household unit (62 household units, 62 household units, and 34 household units) of the instant apartment building as an execution and construction company of reconstruction construction, and agreed on the right to sell part of the construction price to the general apartment unit construction company as a substitute for the instant apartment unit.

Accordingly, the non-party union and the non-party union concluded several contracts for the sale of blank lots in which the non-party union and the comprehensive construction of the bank was entered as a joint seller.

C. On November 9, 2005, D, his wife, entered into each of the sales contracts with the non-party association and the comprehensive construction of the bank, with the content that the Plaintiff would purchase the instant apartment Nos. 101, 304, Nov. 10, 2005, the Plaintiff would purchase the instant apartment Nos. 101, 1504, and E on Nov. 18, 2005.

The designated account number for the payment of intermediate payments and remainder as stated in each of the above contracts for sale in lots (A evidence 2-1 to 3) is F of the National Bank of Korea (the Bank of Korea: the General Construction of Bank of Korea and the Non-Party Association).

C. The intermediate payment loan was made in the name of D, Plaintiff, and E for the payment of each intermediate payment in accordance with each sales contract as set out in the above paragraph, and KRW 80,130,000 of the loan to D as the debtor was deposited into the designated account. However, each of the loan to Plaintiff and E as the debtor was deposited into the bank account of KRW 1005-00-95,000, not the designated account, but the bank account of KRW 1005-951345 (Deposit Holder: Bank Construction).

E. Among them, G of the Construction Complex for the general apartment of this case was double-sale to the plaintiff, D, E, etc. for the 27 households of the apartment of this case, and the double-sale contract form for the apartment of this case was mutually different banks.

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