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(영문) 수원지방법원 2020.03.18 2019가단509331

분양대금 등 반환청구의 소

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1. Defendant B Co., Ltd.: (a) KRW 113,245,09 for the Plaintiff and 6% per annum from March 15, 2019 to March 18, 2020 for the Plaintiff.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that newly built and sold the “E hotel” (hereinafter “instant hotel”) on the ground D at Seopopoposi (hereinafter “instant hotel”).

Defendant C Co., Ltd (formerly: F Co., Ltd.; hereinafter “Defendant C”) is an agent trust who enters into a contract for sale, management, trust and agent business of the hotel of this case with Defendant B pursuant to Article 4 of the Act on Sale of Buildings and Article 3 of the Enforcement Decree of the same Act and manages the sales price of the hotel of this case.

B. On December 4, 2016, the Plaintiff entered into a contract with Defendant B to sell the instant hotel G units in the amount of KRW 165.8 million (hereinafter “instant sales contract”).

The sales contract of this case was prepared together by the defendant C.

The main contents of the instant sales contract are as follows.

(1) The term "A" means the actual transaction date of the Plaintiff B, “B,” and “C, the buyer of which is the agent trust company: < Amended by Presidential Decree No. 17605, Dec. 3, 2016; Presidential Decree No. 18740, Dec. 16, 2016; Presidential Decree No. 18705, Feb. 20, 2016; Presidential Decree No. 17475, Feb. 16, 2016; Presidential Decree No. 17475, Feb. 30, 2016; Presidential Decree No. 17475, Feb. 16, 2016; Presidential Decree No. 17475, Dec. 30, 201; Presidential Decree No. 17503, Dec. 16, 201; Presidential Decree No. 17508, Feb. 16, 2008; Presidential Decree No. 2065, Feb. 30, 15, 2008, , 2007. , , 20008. , , , 2001.

2. The operator of this contract and the seller’s liability are “A”, and the term “sick” is an agent trust for the project.