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(영문) 서울중앙지방법원 2021.01.28 2019가합504564

중도금반환

Text

1. Defendant (Counterclaim Plaintiff), Plaintiff (Counterclaim Defendant), Plaintiff (Counterclaim Defendant), and Plaintiff (Counterclaim Defendant) were KRW 82,632,00, and Plaintiff (Counterclaim Defendant) were KRW 167,44,00 and each of the above.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) D Co., Ltd. (hereinafter “D”) is a company that carries out the business of newly constructing and selling the E and the 8th ground F (hereinafter “instant hotel”) on a racing-si. The Defendant is a trust company entrusted by D with the implementation of the instant business, and the Defendant constructed G Co., Ltd. (hereinafter “G”) as a contractor.

H Co., Ltd. (hereinafter “H bank”) is a bank in which part payments were given to both parties of the hotel of this case.

2) On September 2015, Plaintiff I (hereinafter “I”) entered into an advertising agency contract with D for the sale of the hotel of this case and performed the advertising agency work. At the time, Plaintiff A was in office as the representative director of Plaintiff I, Plaintiff B was in office as the I director, Plaintiff J (hereinafter “J”) entered into a sales agency contract with D around September 2015 and carried out the sales agency work as the sales agency work. At the time, Plaintiff A was the actual owner of J.

B. D Concluding the sales contract of D sold to K L out of the instant hotel (hereinafter “L”) to K, M N (hereinafter “N”) and P (P) to P (hereinafter “P”) respectively.

K received L’s down payment of KRW 20,658,00,000, total of KRW 10,658,000 on April 1, 2016 and KRW 20,658,000 on April 4, 2016 (i.e., KRW 10,000,000; KRW 10,658,000); and M paid KRW 17,767,000 on February 18, 206; KRW 00,00 on March 3, 2016; KRW 20,767,000,000 (= KRW 17,767,000; KRW 3,000; KRW 3,000 on June 3, 200, KRW 3005; KRW 16,000 on the deposit under the name of the Defendant designated by D, respectively, and paid KRW 36,005,000 on the deposit.

(c)

D The management-type land trust contract between D and the defendant.