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(영문) 서울중앙지방법원 2017.04.14 2016가단5029312

매매대금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. A. A summary of the parties concerned 1) Defendant B reconstruction project association (hereinafter “Defendant Association”).

(E) On the ground of Seoul Jung-gu, Seoul, the commercial building named “E” (hereinafter referred to as “instant commercial building”).

In order to promote a new construction project, the reconstruction association established on April 30, 2004. Defendant C is the president of the Defendant Union. (2) On July 17, 2009, the Plaintiff entered into a sales contract with F on its own with respect to the right to occupy and use the 2 and 3th floor of the occupation and use of the instant commercial building as seen below between the Defendant Union and the Plaintiff.

B. 1) On January 9, 2007, the conclusion of the sales contract between F and the Defendant Cooperative on the occupation and use portion of the instant commercial building (hereinafter “instant occupation and use portion”) 8 joint-use rooms or joint-use rooms established on each of the 1, 2, and 2 through 7th floors on each of the 8th floors above the instant commercial building (hereinafter “instant occupancy and use portion”).

(2) On July 10, 2007, F entered into a sales contract with the Defendant Union to pay the remainder of KRW 1,800,000,000 for the intermediate payment of KRW 1,000 for the intermediate payment of KRW 1,00,000 for the contract, and the intermediate payment of KRW 1,000,000 for the intermediate payment of KRW 1,000 for the intermediate payment of KRW 1,00,000 for the intermediate payment of KRW 80,000 for the payment of the intermediate payment of KRW 1,00,000 for the contract remainder payment of KRW 1,00,000 for the contract remainder payment of KRW 1,00,000 for the contract remainder payment of KRW 1,00,000 for the contract remainder payment of KRW 20,000 on July 20, 2007, respectively.

3) On the other hand, the Defendant Union is a Co., Ltd. Garen belt (hereinafter “Garen belt”).

The defendant union delegates the whole occupation and use right of this case to a siren belt, pays 50,000,000 won to the sales agency fee per unit of the occupation and use right of this case, the carren shall deposit 2,80,000,000 won to the defendant union, and the whole sale of the occupation and use right of this case by December 31, 2007 shall be completed by the deadline.