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(영문) 서울중앙지방법원 2013.11.20 2009가합108677
채무부존재확인 등
Text

1. The plaintiff A, B, and C shall be dismissed respectively.

2. Attached Form 2. The defendant stated in the "project implementer" column for the cited amount sheet.

Reasons

1. Basic facts

A. The plaintiffs (excluding plaintiffs D, A, E, F, G, H, I, and J) and non-party K, L, M, N, andO (hereinafter collectively referred to as "the buyers of this case"), including the plaintiffs and the non-party, who are the assignee of the right to purchase and sell housing, provided their housing to each of the above public works as they were incorporated into the project districts indicated in the "name of the public works" stated in the "name of the project implementer" stated in the attached Table 4.

B. The Defendants, each of the project operators, notified the buyers of this case, who were residents of this case, who had been accommodated in a house under each of the above public works, to be eligible for special supply housing units under the Rules on Special Supply of National Housing (amended by Seoul Special Rules No. 3616, Apr. 10, 2008; hereinafter “Seoul Special Supply Rules”), and the buyers of this case applied for special supply housing units to each of the project operators.

C. After receiving notice from the Defendants on the current status of persons eligible for special supply housing units and applicants for parcelling-out, the EP Corporation specially sold to the buyers of this case one unit of apartment houses to be developed within the project district by implementing the P Urban Development Project.

(hereinafter “instant sales contract”) D.

In full payment of the sale price and transfer of the rights of the buyers, Plaintiff Q 1) from Plaintiff R, Plaintiff D from Plaintiff H, Plaintiff E from Plaintiff L, Plaintiff F from Plaintiff B, Plaintiff H from Plaintiff H, Plaintiff H from Plaintiff N, Plaintiff J from Plaintiff N, Plaintiff J from Plaintiff C, Plaintiff J succeeded to the buyer’s rights and obligations under each of the instant sales contracts from Plaintiff C (in the case of Plaintiff Q Q, limited to 1/2 shares) and obtained approval from Nonparty A. 2. The sale price due to the said special supply is the same amount as the sale price of an apartment sold in general.

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