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(영문) 의정부지방법원고양지원 2017.12.06 2017가합71232
매매대금반환
Text

1. The Defendant: (a) KRW 15,691,386; (b) KRW 48,397,545; (c) KRW 75,380,417; and (d) KRW 6,107,307.

Reasons

1. Basic facts

A. The Plaintiffs received some of their rooms from the Defendant (hereinafter “instant sales contract”) from the first and third floors underground of the commercial facilities underground of the 1st floor in the Sinyang-dong-gu, Busan-si, Busan-si, and paid part of the sales price to the K non-real estate trust company (hereinafter “K non-real estate trust”), which is represented by the Defendant by concluding a fund management agency contract and a real estate security trust contract with the Defendant. The specific details are as listed below.

Plaintiff

On March 6, 2007, the sale price of the housing units for the contract date (won) paid A. 527,626,210,610,561,700 on March 11, 2007, B1134 No. 533,924,93861,284,80 on March 5, 2007, and B1186 No. 1186 on March 11, 2007, 1,244,58,588,59 172,856,400 C on June 120, 207, the first contractual obligation was succeeded to the Plaintiff’s first contractual obligation under 350,962, 1762, 10,476, 634 D 137, 207, 137, 4137, 401, 4137, 407

B 124 on March 20, 2007 No. 590,538,900 on 178,053,00 on 28, 2007 F F 758,283,971,87,037,500 on 8, 2007 G 1209 on 10, B 576,623,623,684 66,186,000 H 234,234,385,6145, 205,20,280 on 1, 207

B. Each of the instant sales contracts provides that an amount equivalent to 20% of the parcelling-out price shall be the down payment, and where a contract is cancelled due to the reasons that the buyer fails to pay the parcelling-out price not less than 14 days with a grace period of not less than 14 days and not less than 2 times, the buyer shall pay the down payment already paid to the Defendant as a penalty.

C. On November 201, 201, K non-real estate trust cancelled each of the instant sales contracts on the grounds that the plaintiffs' respective sales prices were unpaid.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, Eul evidence 2-3, Eul evidence 5-1-9, the purport of whole pleadings

2. Each of the instant sales contracts, which judged the cause of the claim, is the purchase price of the plaintiffs.

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