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(영문) 수원고등법원 2020.09.10 2019나12158

분양대금반환 등

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The parties concerned are the contractors who newly constructed and sold the E building at Silung-si (hereinafter “instant building”), and the Plaintiffs are the users who purchased some of the instant buildings from the Defendant.

B. 1) On September 10, 2016, Plaintiff A entered into each of the instant sales contracts. The Plaintiff F-ho (exclusive use area of 37.73 square meters; hereinafter “instant first shop”) of the instant building to the Defendant.

(1) After filing an application for subscription with the Defendant and paying the down payment of KRW 1,00,000 on September 13, 2016, the sales contract for the first shop of this case in KRW 260,400,000 (hereinafter “instant sales contract”).

(2) On November 19, 2017, Plaintiff B entered into a sales contract with the Defendant for the instant building L (the exclusive use area of 38.22 square meters; hereinafter “instant store”) and paid the down payment of KRW 1,00,000 with the first store. On November 22, 2017, Plaintiff B entered into a sales contract with the Defendant for KRW 323,330,000 with respect to the instant secondary store (hereinafter “instant sales contract”) and the instant sales contract with the first sale contract.

3) The sales contract of the instant case and the sales contract of the instant case excluding the indication of the object of sale, the sale price, etc. The parts relating to the instant sales contract are as follows (A is its executor, and B is its buyer, and the Plaintiffs, the sales contract of the instant case, as the buyer, respectively.

Article 5 (Transfer of Ownership) (1) upon completion of the adjustment of public records, A shall immediately notify B of the transfer of ownership, and B shall complete the transfer of ownership at the expense of B within 60 days from the date on which the application for the registration of transfer of ownership is possible.