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(영문) 수원지방법원 2019.12.04 2018가단539052

기타(금전)

Text

1. The defendant,

A. The Plaintiff A’s KRW 37,66,00 and its related KRW 5% per annum from May 18, 2017 to September 12, 2018.

Reasons

1. Facts of recognition;

A. The Defendant is an executor who constructs and sells a single-use canal well in the name of “G” from the wife population E and F daily source in the G, and the Plaintiffs are the buyers who concluded a sales contract with the Defendant for a specific lake among the above canal wells.

B. On May 17, 2017, Plaintiff A entered into a contract with H Complex I (the site size is 211m2, 61.85m2, 272.85m2, the contract area is 109.81m2, the building area is 109.81m2, and the building area is 10,000 won) among the other canal wells constructed and sold by the Defendant, and paid the down payment of KRW 37,666,00 on the day.

(Deposit in the account of JJ Co., Ltd. which manages the sale price).

Plaintiff

B On July 17, 2017, the Defendant concluded a contract to purchase K Complex L (the site area shall be 297m2, 87.06m2, the contract area shall be 384.06m2, the building area shall be 84.06m2, the building area shall be 84.06m2, the building area shall be 84.06m2, the building area shall be 416,330,000 won, and the down payment shall be 41,63,200 won on the day.

(Deposit in the account of the J Co., Ltd.) In each of the above sales contracts (hereinafter each of the sales contracts of this case), the Defendant agreed that the Defendant notify the Plaintiffs of the date of designation of occupancy one month prior to the date of designation of occupancy.

After each sales contract, M, the representative director of the defendant, was suffering from extreme financial difficulties and poor business progress, etc., and on August 29, 2017, the progress of the implementation project was considerably delayed due to their own concealments, and construction works were considerably delayed due to the delay and defects of the construction works.

E. The defendant divided and implemented the above canal wells project into 1, 2, and 3 complexes, but divided and implemented the first and second parts for the reason of the restriction on the number of households.

Therefore, first, the H complex was built with 27 units in the first place, 25 units in the N Complex, and 23 units in the K Complex (total 75 units) around April 27, 2018.

The defendant shall complete the construction of the above-mentioned first canal wells and use the second part after the completion of the construction.