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(영문) 서울서부지방법원 2015.07.09 2013가단220336

분양대금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is an executor who sells the building B in Eunpyeong-gu Seoul, and the Plaintiff was sold by the Defendant the said building D005 (hereinafter “instant store”).

B. The 8th floor of the building in which the instant store is located is divided with each other as shown in the annexed Form. The instant store was divided into 9.920 square meters in its exclusive area, 22.070 square meters in its common area, and the Seoul Western District Court registered the division with the office of registry on August 17, 2005.

C. On April 29, 2013, the Plaintiff concluded a sales contract with the Defendant for the sales price of KRW 130,621,70 for the instant store (hereinafter “instant sales contract”). On the same day, the Plaintiff deposited KRW 52,248,680 in the sum of KRW 19,141,100 for the first intermediate payment, and KRW 33,107,580 for the first intermediate payment.

On the other hand, the 8th floor of the above building where the store of this case was located was scheduled to rent and operate the whole building. In this regard, the plaintiff set up a written consent to the defendant to lease the store of this case to the Grand Group on the same day, and the plaintiff and the defendant set up a written consent to guarantee the payment of earnings with the following contents.

Consent letter of guarantee of payment of proceeds.

1. Object Seoul FF08 Da005;

2. Contents 1) Contents of consent: 10% (including proceeds paid in Ireland) annual 12,010,800 won/monthly 1,000,900 won (including proceeds paid in Ireland) in comparison with the basic amount of profit security: 6 years from the date of completion of registration; 1. The basic amount of profit security shall be the sale price-value added tax-RB deposit.

(2) The rent paid in the Grandland shall be received by the contractor in the future of the target objects during the term of guarantee, and the profit from the guaranteed amount and the proceeds of the Grandland shall be ensured by the payment by the Tae-Symann City of the Guarantee Fund.

(3) The deposit in thisland shall be refunded to the contractor to thisland upon the completion of the lease period.

[Reasons for Recognition]