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(영문) 서울중앙지방법원 2019.10.25 2018가합514342

매매대금반환

Text

1. The part concerning the claim for cancellation of contract among the lawsuit in this case is dismissed.

2. The defendant is the plaintiff (appointed party) and attached Form 1.

Reasons

1. Basic facts

A. The defendant is a company that newly constructs and sells a D hotel (hereinafter referred to as “the hotel in this case”) to be constructed in the Jeju Island, and the company E (hereinafter referred to as “E”) entered into a trust agreement with the defendant for the management of sale in lots and the management of funds, such as sales in lots and sales revenue, is a trustee who entered into the trust agreement with the defendant and the designated parties entered in the name of the plaintiff (designated parties) and the first designated parties (hereinafter referred to as “the plaintiff, etc.”) shall be the number of buyers of the hotel in this case.

B. The Plaintiff et al. concluded a sales contract and paid-in 1) The sales contract for part of the hotel room of this case (hereinafter “instant supply contract”) between the Defendant and the Defendant as shown in the attached supply contract sheet No. 2.

(2) Where the contract is terminated on the grounds falling under Article 2(1) through (2), "B" shall pay 10% of the total amount of public funds to "B" as penalty, and "B" shall pay 5,000 won of the total amount of public funds to "B" as penalty: < Amended by Presidential Decree No. 2020, Feb. 1, 2017; Presidential Decree No. 20135, Feb. 1, 2017; Presidential Decree No. 22010, Feb. 2, 2017; Presidential Decree No. 22020, Feb. 2, 2011; Presidential Decree No. 20130, Feb. 3, 2011>