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(영문) 서울중앙지방법원 2013.09.25 2012가합62191
부당이득금반환 등
Text

1. The plaintiffs and the plaintiff succeeding intervenors' claims against the defendants are dismissed, respectively.

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

Reasons

1. Basic facts

A. The status of the parties and each of the sales contracts of this case 1) Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(2) Defendant G Co., Ltd. (hereinafter “Defendant G”)

2) Defendant H Co., Ltd. (hereinafter “Defendant H”)

(A) 22,190 apartment buildings of 20 to 30 underground floors under the management-based investment trust method, on which I land is consigned from the State, and which is entrusted by the State, (hereinafter referred to as the “instant apartment buildings”).

(2) Around December 2009, the Plaintiffs are the contractors who newly built and supplied ancillary and welfare facilities, and Defendant G and H are the contractors who entrusted the said I land to Defendant Coco and the contractors who jointly constructed the instant apartment. (2) On or around December 2009, the Plaintiffs are the contractors who jointly constructed the instant apartment.

2.3.4. Each of the sales contracts concluded as above (hereinafter “each of the sales contracts in this case”) with the same contents as the Plaintiff’s claim list (1), (2), and (3) column, lake column, unit price column, sale price column, contract deposit column, and option contract column.

B. The Plaintiffs’ intermediate payment loan attached Form

5. Each of the Plaintiffs listed in the list of intermediate payment loans received loans from Defendant New Bank of Korea, Korea Bank, and Korea Exchange Bank of Korea (hereinafter collectively referred to as the “Defendant’s financial institutions”) from March 22, 2010 to August 20, 2010 from the part payments of the instant apartment from March 22, 2010 (hereinafter collectively referred to as “each part payments of this case”; each of the above loans was deposited directly in the account of Defendant Crocco with the consent of the Plaintiffs.

C. The Plaintiff’s succeeding Intervenor D from September 10, 2012, and the Plaintiff’s succeeding Intervenor E from November 2, 2012, respectively, for each of the instant sales contracts and each of the instant loan agreements.

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