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(영문) 서울동부지방법원 2015.09.10 2014가단13878

분양대금반환

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. B On May 22, 2004, sold sales facilities (hereinafter “instant real estate”) Nos. 1114,231,000 to the Plaintiff on the land E-building C and D ground E (hereinafter “instant sales contract”) at KRW 114,231,00 (hereinafter “instant sales contract”) from the Plaintiff, as down payment, KRW 1,00,000 on the same day and year.

5. 29,271,000 won in 28, and the same year;

7. The payment of KRW 18,163,00 for the first intermediate payment and KRW 12,108,00 for the second intermediate payment on December 14 of the same year was received respectively.

B. F and G are subject to transfer of ownership due to the reversion of trust property as of June 29, 2005 and on June 17, 2005, the transfer of ownership due to the reversion of trust property as of June 29, 2005. The same year to the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”).

6. 17.The registration of transfer of ownership was completed on the ground of Jina trust.

C. In relation to the instant real estate, Samsung Mutual Savings Bank Co., Ltd. (hereinafter “instant Savings Bank”), the said year from the Korea Asset Trust on June 26, 2008

6. Around that time, Korea Asset Trust received the registration of transfer of ownership on the ground of sale on the ground of 16.16. Around that time, notified Korea Asset Trust that “I will settle the sale price paid by the person who had concluded the sales contract on the instant real estate after the future at our own responsibility and charge,” and that “The reorganization of existing interested parties related to the instant real estate shall be the responsibility of the instant Savings Bank, and as a result of such reorganization, I cannot make any other claim or demand (such as change of contract terms and conditions, adjustment of payment, etc.) against the Korea Asset Trust” (Article 6(3)).

The defendant, on August 8, 2008, has the same year from the savings bank of this case.

8.7. He received the registration of ownership transfer based on the sale and purchase, and at the time, the defendant was against the plaintiff who purchased the real estate of this case between the above savings bank and the above savings bank before acquiring the ownership.