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(영문) 부산고등법원 2021.02.18 2020나51825

매매대금반환

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Of the judgment of the first instance, the part of the claim against the defendant S Co., Ltd. by the plaintiff (Counterclaim defendant) C, G andO shall be revoked.

Reasons

1. Basic facts

A. 1) The Plaintiffs, among T and 8 lots of ground U (hereinafter “the instant accommodation facilities”), have been sold in lots, as indicated in the column for “Shoman’s” in the attached Table 2 of the sales contract terms, among the instant accommodation facilities outside T and T in the racing-si.

2) The Co-Defendant R Co., Ltd. in the first instance trial (hereinafter “R”) is a company promoting the business of newly building and selling the instant accommodation facilities (hereinafter “instant business”). Defendant Q is a trust company entrusted by R with the implementation of the instant business, and Defendant S is a bank that extended intermediate payments to both parties of the instant accommodation facilities.

B. (1) The Plaintiffs entered into a sales contract with R on around 2016 with regard to the pertinent Dong and Dong offices as indicated in the column of the attached Table 2 of the contents of the sales contract for sale in lots (hereinafter collectively referred to as the “sale contract”). The Plaintiffs paid the down payment indicated in the column to the Defendant Q’s account designated by R.

2) The first written contract for sale in lots was written as “the scheduled date of occupancy December 2017 (the scheduled date of occupancy may be changed according to the process, and the individual notification may be subsequently made if changed)”; the method of paying the sale price was written as “the intermediate payment (10%) at the time of the contract, six times each on the designated date (10%) and the remainder (30%) at the time of completion.”

(c)

R The conclusion and management-type land trust contract between R and Defendant Q, R (a truster), Defendant Q (trustee), and V enter into a management-type land trust contract as follows:

Article 14 [Constructioner, Liability Matters, etc.] (1) Defendant Q has the rights and duties as project undertaker or project owner within the scope of trust property.

Article 16 [Performance, etc. of Sale Business] (1) R shall carry out sale business, such as sale advertising and sale contract: Provided, That it may be determined differently in consultation with V or preferential beneficiaries.

(2) Advertising and publicity materials among the affairs of sale in units under paragraph (1).