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(영문) 서울동부지방법원 2016.05.31 2014가합105484
분양대금반환 등 청구의 소
Text

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

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

Reasons

Basic Facts

Defendant LAWnb is an executor who carries out a new construction project on the land of 1183.1 square meters in Yongsan-gu Seoul Metropolitan Government and 1,641.8 square meters in J-gu, Yongsan-gu, Seoul (hereinafter “instant multi-family housing”) and one Dong-dong. Defendant Dong Construction Industry is a contractor who constructed the said building, and Defendant Asian Trust is a seller who entered into a trust contract with the buyer as a seller in accordance with a trust agreement after concluding a trust contract with Defendant Dong-A Construction Industry and LAWnb.

The Defendant Nonghyup Bank, Newan Mutual Savings Bank, SP Savings Bank, and FL Savings Bank, Inc. (hereinafter “FL Savings Bank”), extended part payments to the buyers who concluded a supply contract with the Defendant Asian Trust with respect to the instant apartment housing. Defendant BS Savings Bank, on January 2, 2012, acquired the claim against the buyers of the FL Savings Bank upon a decision to transfer a contract with the Financial Services Commission.

Plaintiff

A on June 13, 2013, K and L acquired the rights and obligations of buyers who signed a sales contract for 101 Dong 1701 among the instant apartment units, and Plaintiff B acquired the rights and obligations of buyers from M who signed a sales contract for 102 Dong 901 among the instant apartment units on August 20, 2013. Plaintiff C acquired the rights and obligations of buyers who signed a sales contract for 103 Dong 2102 among the instant apartment units on September 3, 2013. Plaintiff C acquired the rights and obligations of buyers who signed a sales contract for 103 Dong 2102 among the instant apartment units on June 14, 2013. Plaintiff D acquired the rights and obligations of buyers from O who signed a sales contract for 102 Dong 302 among the instant apartment units on June 14, 2013.

(2) Of the collective housing of this case, the plaintiffs have acquired the rights and obligations of the buyers, and only the part of the collective housing of this case refers to the housing unit sold in this case). [Grounds for recognition] of no dispute, Eul's entries in the evidence No. 1-1-4, and the purport of the whole pleadings of the plaintiffs, defendant Dongdong Construction Industry.

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