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(영문) 의정부지방법원고양지원 2016.08.31 2014가합51787

분양대금반환

Text

1. The Defendant’s KRW 413,073,70 for the Plaintiff and KRW 6% per annum from April 29, 2014 to August 1, 2016.

Reasons

1. Basic facts

A. 1) The Defendant sold the instant commercial building 16th floor of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant commercial building”).

(2) As the executor of the sales business, the Defendant recruited the buyer, and published an advertisement stating that “The Defendant would operate the Cpicking Land Pluxing Co., Ltd. (hereinafter “the instant Lestop”) from the buyer by dividing the instant commercial building into 12 units in Eunpyeong-gu Office on February 21, 201, and sell the instant commercial building by dividing it into 30 units. (2) Around March 21, 201, the Defendant: (a) divided the instant commercial building into 240 sections for exclusive use; and (b) divided the instant commercial building into 210 sections for exclusive use as of March 8, 201; and (c) divided the instant commercial building into 240 sections for exclusive use as of March 21, 2011; and (d) divided the instant commercial building into 241 parts for exclusive use as of March 21, 2011, and divided into 213 parts for exclusive use as of each of the instant management register.

In addition, on May 14, 2011, the Defendant filed an application for the separate registration of the instant commercial building with the Seoul Western District Court in the Bupyeong registry office, and the instant commercial building was classified as the receipt of the same registry office on May 18, 2011.

3) Meanwhile, the sales contract between the Plaintiff and the Defendant on August 9, 2013 that the sales contract between the Plaintiff and the Defendant is currently being used as a Lestop. (B) The sales contract between the Plaintiff and the Defendant on September 9, 2013 that the sales price of KRW 106,69,900, and KRW 92,974,00 among the instant shopping districts was sold in lots (hereinafter “each of the sales contracts in this case”).