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(영문) 서울중앙지방법원 2014.06.26 2013가합72447

계약금반환 등

Text

1. As to KRW 932,368,50, and KRW 621,579,00 among the Plaintiff, Defendant C Co., Ltd., from October 27, 2012 to KRW 621,579,00.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) are an executor who has carried out the new construction and sale business of Eunpyeong-gu Seoul Metropolitan Government D Commercial Building (hereinafter referred to as “instant business”)

On October 20, 2012, the Plaintiff sold D Building Nos. 402, 403, 404, and 405 (hereinafter referred to as “each of the instant stores”) from Defendant B in total at KRW 3,107,895,00,00.

(2) The sales contract of this case is set forth below. The main contents of the sales contract of this case are as follows.

Article 1 (Amount and Method of Payment) The payment date of the down payment (20% of the purchase price): The payment date of the balance on October 26, 2012 (80% of the purchase price): Article 8 (Penalties for Penalty and Refund) (4) The date of designation of occupancy designated (the date of penalty and refund) where the plaintiff cancels the contract in violation of the contract by the defendant B.

On October 26, 2012, the Plaintiff paid 621,579,000 won as down payment, which is 20% of the total sale price, to Defendant B.

B. On December 17, 2012, Defendant C Co., Ltd (the assistant intervenor of Defendant B) acquired the instant business right from Defendant B on the process of transferring the business right and running the business. The following, without distinguishing the status, all of Defendant C Co., Ltd. (hereinafter “Defendant C”) acquired the instant business right from Defendant B.

Accordingly, on February 19, 2013, the name of the owner of the building on the D Building was changed from Defendant B to Defendant C.

Defendant C acquired the instant business right and subscribed to the instant sales contract from Defendant B, and the Plaintiff consented to the acquisition of the contract around June 14, 2013.

On July 5, 2013, Defendant C obtained approval for the use of the D Building, and completed the registration of ownership preservation for each of the instant commercial buildings on July 22, 2013. On the same day, Defendant C completed the registration of ownership transfer based on the trust on the New Real Estate Trust Co., Ltd. (hereinafter “New Real Estate Trust”).

Defendant C shall be the Plaintiff on July 29, 2013 and August 6, 2013.