분양대금반환 등 청구
The Defendants jointly committed against the Plaintiff KRW 361,690,00 and KRW 137,650,000 among them, respectively, shall be from February 17, 2017, and KRW 74,680.
1. Facts of recognition;
A. Defendant C Co., Ltd. (hereinafter “Defendant C”) is an executor who newly constructed and sold the instant building D (hereinafter “instant building”), and Defendant B Co., Ltd. (hereinafter “Defendant B”) is a trustee who entered into a management-type land trust agreement with Defendant C with regard to the sale and supply of the instant building.
B. On February 17, 2017, the Plaintiff entered into a sales contract with the Defendants for each of the instant building E (hereinafter “instant E”) to be supplied with KRW 746,80,000 (including value-added tax) and KRW 629,70,000 (including value-added tax; hereinafter “instant F”) of the instant building F (hereinafter “instant sales contract”).
C. From January 25, 2017 to February 17, 2017, the Plaintiff paid KRW 137,650,000 in total ( KRW 74,680,000 in the instant case’s payment) and KRW 62,970,00 in the instant payment for the first time, April 20, 2017; KRW 74,680,00 in the instant payment for the second time, and KRW 74,680,00 in the instant payment for the second time, October 20, 2017; and KRW 74,680,00 in the instant payment for the second time, KRW 74,680,00 in the intermediate payment for the third time, KRW 680,00 in the instant payment, and KRW 361,69,00 in the aggregate,00 on May 20, 2018.
The instant building was designed to be constructed in line with the topography, without completely flating the site with low northwest and high south-east side of the building.
As a result, in comparison with the store (G) located on the same corner of the building of this case on the design drawing, each of the stores of this case located on the opposite side of the building of this case is 1,320 meters [FL standard] high from the floor to the tent (2,950 meters) high from the floor (3,820 meters - 2,950 meters - 450 meters), 1,220 meters high from the floor to the tent 2,4th m (3,820 meters - 2,950 meters - 450 meters), 870 meters (3,820 meters - - 2,950 meters), but considering that the simple comparison of the FL on the surface of the E, F and G of this case, only 250 meters high from the gate part of the entrance of this case, the height of the gate of this case is merely 50 meters high from the design height to the 2,500 meters.