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(영문) 수원지방법원 2018.10.18 2018나56794

미분양아파트 계약금 반환의 소

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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. The facts of the claim (1) at the time of the first instance trial, the Co-Defendant 4 Co-Defendant 5 (hereinafter “Co-Defendant 5”) is the implementer of the above apartment zone B, and the defendant is the contractor. Under the contract entered into between the non-party company and the defendant, the defendant is responsible for the sales of the above apartment, and the defendant decided to execute the sales contract for the above apartment, and the sales proceeds. < Amended by Presidential Decree No. 22190, Nov. 26, 2010; Presidential Decree No. 25006, Nov. 26, 2010; Presidential Decree No. 25000, Nov. 26, 2010; Presidential Decree No. 20650, Feb. 26, 2012> the defendant concluded a sales contract for disposal of the real estate with the non-party company as the first beneficiary (hereinafter “Non-party 50,600,000,000 won”) to the above company.