beta
(영문) 서울중앙지방법원 2015.06.12 2014가단165288

분양대금반환등

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. Basic facts

A. On January 29, 201, the Plaintiff entered into a sales contract (sale price: KRW 1,447,500,000, down payment: KRW 72,375,000; hereinafter “instant sales contract”) with Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Asian Trust”) on the housing Dong of Yongsan-gu Seoul Metropolitan Government (hereinafter “instant apartment”) and paid the down payment to sell the said housing unit.

The main contents of the sale contract of this case are as shown in the attached Form.

B. B Co., Ltd. (hereinafter “B”) is a truster who entered into a contract for the new construction of the instant apartment with Defendant L&Wnx (hereinafter “Defendant L&Wnx”) and newly constructed the said apartment, and Defendant L&Wnx is an executor, who entered into a land trust contract with Defendant Asia for management-type land trust and entrusted matters concerning the sale, etc. of the instant apartment to Defendant Asia.

C. On January 31, 201, the Plaintiff entered into a loan transaction agreement with Defendant Nonghyup Bank Co., Ltd. for part payments, and paid KRW 723,750,000 on May 20, 201 with Defendant Newan Mutual Savings Bank and paid KRW 14,750,00 to Defendant Asian Trust, respectively, for the purpose of paying part payments under the instant sales contract.

The defendant Asian Trust applied for approval for the use of the apartment of this case to the Yongsan-gu Office on January 16, 2014, and obtained approval for the use on January 23, 2014, and applied for approval for temporary use of the apartment of this case on January 20, 2014, and obtained approval for temporary use on January 23, 2014.

Defendant Asia Trust and T&S E&S have sent a written guidance for occupancy from January 24, 2014 to March 24, 2014, setting the occupancy designation period from January 24, 2014, and the buyer began to move into the apartment of this case from January 24, 2014.

The defendant Asian Trust is an apartment of this case on February 17, 2014.