분양대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On November 4, 200, the Korea Land Corporation obtained the approval of the implementation plan for the housing site development project under the Housing Site Development Promotion Act from the Gyeonggi-do public notice from the Gyeonggi-do Governor on November 4, 2000, and the said land was designated as a housing site development project district. 2) The Korea Land Corporation designated the defendant as the project implementer for the housing site development project, and entered into a trust contract with the defendant on January 10, 2002.
3) On May 7, 2002, the Defendant started construction of a housing site for the purpose of constructing a housing site under the name of “E” and completed construction work on May 16, 2005 (hereinafter referred to as “instant housing site”) in order to create a housing site for the purpose of constructing a residential housing (hereinafter referred to as “E”).
4) From September 10, 2002, the Defendant started selling the instant housing site from September 10, 2002, and the buyer, upon obtaining a building permit directly or through the Defendant, newly built the instant housing site from November 2003 to move in from August 2004.
B. 1) On September 30, 2002, the Plaintiff entered into a sales contract with the Plaintiff and the Defendant, etc., the Plaintiff: (a) as of September 30, 2002, the sum of the common use area of the instant housing site, F. 239.5 square meters (273.66 square meters; and (b) the total sale area is 513.16 square meters; and (c)
2) As to the sales contract of this case, the sales contract of this case with the sales price of 169,063,000 won (hereinafter “instant sales contract”).
(2) On August 30, 2005, the Plaintiff concluded the sales price in full.
3) On November 28, 2005, the Defendant completed the registration of ownership transfer under the Plaintiff’s name with respect to the instant water-sale housing site. (C) On December 12, 2009, the Plaintiff sold the instant water-sale housing site to G for KRW 290 million with respect to the sales price.
2) On December 12, 2009, G completely paid the above purchase price to the Plaintiff. 3) On February 9, 2010, the Plaintiff completed the registration of transfer of ownership in the name of G with respect to the instant several housing sites.
In the instant housing site.