분양대금반환청구
1. The defendant shall pay to the plaintiff KRW 250,484,00 and KRW 62,621,00 among them, from August 21, 2009, KRW 25,745,00.
1. Circumstances leading to the dispute of this case;
A. The relationship B Co., Ltd. between the parties (hereinafter “Nonindicted Company”) is a new executor of the sales of D Condominium (hereinafter “instant Ri”) under construction in the building of Taean-gun C, Taean-gun, Chungcheongnam-gun, Chungcheongnam-do, and is a new executor of the sales business, who signed a land trust with the Defendant and entrusted the Defendant with the construction of the instant Ritra to the Defendant.
The defendant is an entrusted business operator entrusted with the new construction and sale of the instant resort, and E is a buyer who has concluded a sales contract with the defendant for the five houses among the instant resort tanks.
The plaintiff is a person who succeeds to the rights and obligations under the above sales contract from E.
B. The conclusion of the sales contract between E and E-Adal Development Co., Ltd. refers to “Adalal Development Co., Ltd. (hereinafter “Adalalalal Development Co., Ltd.”) which is the executing company of the sale of the construction of Fpentathy on the ground of the instant Rig site (hereinafter “previous sale business”).
The sale contract for the purchase of Fpenture is concluded, and it is called 162,118,00 won or less as the sale price.
AB paid the amount.
C. The Non-Party Company’s default on Addal Development and the Non-Party Company’s succession to the sales price were due to the default while carrying out the previous sale business, and the Non-Party Company acquired the instant resort site in the public sale procedure.
On August 6, 2009, E agreed with the non-party company as follows:
hereinafter referred to as the "agreement of this case"
2) As to D condominiums sold in lots in the G members of Tae-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the seller’s sub-contractor company and the Fpention Parcelling-gun’s contractor are agreed as follows. Article 2 (As to the amount of KRW 162,118,00 paid by the Plaintiff to H, etc. as the sale price for FY-gun, the non-party company will offset the sales price for the instant Rite that the non-party company is proceeding to fulfill its fiduciary duty against the total amount of the sales price for the instant Rite, which the non-party company proceeds to fulfill its fiduciary duty