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(영문) 수원지방법원 2019.03.28 2018가합14017

매매대금반환

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On September 8, 2016, Plaintiff C entered into each of the instant sales contracts with the Defendant, on the following grounds: (a) Dong F-dong (site: site: area for exclusive use by its occupant: area of 256 square meters; area of 66 square meters; housing: 113.68 square meters; hereinafter referred to as “G-dong”).

(1) The contract, Plaintiff A, and B (hereinafter referred to as “Plaintiff A, etc.”) to purchase the amount of KRW 423,70,000 (including options).

() On October 29, 2016, the Defendant also newly built from the Defendant, as well as the F building I Dong (site: 261 square meters for exclusive use, other area, 64 square meters, and housing: 122 square meters, hereinafter referred to as “I Dong”).

) Each contract was entered into with the content that Eul would purchase 460,00,000 (including options) for the purchase price (hereinafter referred to as "each of the instant buildings" in common, and the aforementioned two contracts are collectively referred to as "each of the instant buildings" and "each of the instant sales contracts" in common.

(2) The main contents of each sales contract of this case are as follows.

Article 3 (Transfer of Ownership) Shesheshe completely pays the supply price and other payments, and the defendant shall, at the expense of the plaintiffs immediately after the completion of the registration for preservation of ownership, complete the registration for transfer of ownership at the expense of the plaintiffs, and the damage and public charges incurred as a result of the failure of the plaintiffs to complete the transfer procedures shall

제14조 (특약사항) ⑺ 원고들은 본 공급(분양)계약서 작성 및 계약금의 납입과 동시에 위 원고들의 지분에 해당하는 대지에 대한 소유권을 취득한 것으로 본다.

At the same time, the loan borrowed by the Defendant from a financial institution as security for acquiring ownership of this site is succeeded to the loan corresponding to the plaintiffs' share of total amount of the loan. Accordingly, the plaintiffs paid the price corresponding to the plaintiffs' share of the loan.

⑻ 다만, 행정상의 이유로 피고가 본 건물의 준공 후 소유권보존등기 이후에 위 대지에 대한...