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(영문) 대전지방법원 천안지원 2017.02.03 2015가합100375

소유권이전등기

Text

1. The Defendant’s KRW 70,000,00 for each of the Plaintiffs and 5% per annum from September 9, 2015 to February 3, 2017, respectively.

Reasons

1. Basic facts

A. On March 2, 2013, the Defendant entered into a contract for construction works (hereinafter “instant construction contract”) with E Co., Ltd. (F: F; hereinafter “E”) on the “new construction of the apartment (hereinafter “instant apartment”). E completed the instant apartment in accordance with the said construction contract.

B. On April 18, 2014, the Plaintiffs sent 70,00,000 won to the account in the name of Gohap Trust Co., Ltd. entrusted with the receipt management of the sale price (hereinafter referred to as “fire trust”), with respect to apartment buildings listed in paragraph (1) of the attached Table No. 1, Plaintiff B with respect to apartment buildings listed in paragraph (2) of the same Table, Plaintiff C entered into each of the above sales contracts for apartment buildings listed in paragraph (3) of the same Table, respectively (hereinafter referred to as “each of the instant sales contracts”); and 70,000,000 won to the account in the name of the company entrusted with the receipt management of the sale price (hereinafter referred to as “fire trust”).

(hereinafter the above apartment is referred to as "each apartment of this case").

On April 21, 2014 and April 22, 2014, the Defendant paid KRW 210,000,000 (i.e., KRW 70,000,000 x 3) received from the Plaintiffs as above to E as construction cost under the instant construction contract.

The sale price table for each apartment of this case is KRW 191,00,000 in the case of apartment units listed in the attached Table 1 and 2, and KRW 193,00,00 in the case of apartment units listed in the attached Table 3.

【Fact-finding, Gap’s 1 through 10, 13, 14, Eul’s 1 and 3 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiffs 1) E obtained the right of representation from the defendant to sell each apartment of this case as a substitute payment for the construction cost under the construction contract of this case.

The Plaintiffs are the Plaintiffs.