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(영문) 서울중앙지방법원 2015.08.12 2014가합530216
분양대금반환
Text

1. The Defendant (Counterclaim Plaintiff) Co., Ltd.: A.

The plaintiff (Counter-Defendant)A shall be 461,396,900 won and 247,297,900 won among them.

Reasons

1. Basic facts

A. Defendant C is a company that implemented the new construction of the E neighborhood shopping mall (hereinafter “instant shopping mall”) on the land outside Seo-gu Incheon, Seo-gu and three lots, and Defendant Bomi General Construction is a company that performed the new construction of the instant shopping mall.

B. In around 2007, between Defendant C, Plaintiff A entered into a contract to purchase No. 117 of the first floor of the commercial building of this case (hereinafter “instant sales contract”); however, the subject matter of the said contract was registered as No. 118 in the process of preparing a building register and preserving registration procedure, etc.; Plaintiff B entered into a contract to purchase No. 106 and No. 107 of the commercial building of this case (the contract on No. 106 of this case’s sales contract of this case’s No. 106 and No. 107 of this case’s sales contract of this case’s sales contract of this case’s No. 107) respectively.

(hereinafter referred to in this subsection as "each of the instant contracts" and each of the stores is referred to as "each of the instant stores."

The total sale price of the instant sales contract No. 117 is KRW 619,710,00 (including value-added tax); KRW 61,971,00 for down payment; KRW 61,971,00 for the first intermediate payment until June 29, 2007; KRW 61,971,00 for the second intermediate payment until July 3, 2007; KRW 61,971,00 for the third intermediate payment until October 3, 2007; KRW 61,971,00 for the third intermediate payment until January 3, 2008; KRW 61,971,00 for the fourth intermediate payment; KRW 61,971,00 for the fourth intermediate payment until April 3, 2008; and KRW 61,971,000 for the last intermediate payment; and KRW 61,971,000 until the scheduled date of move in; and

The total sale price of the instant sales contract No. 106 is KRW 408,56,00; KRW 40,856,000 for down payment until June 29, 2007; KRW 40,856,40 for the first part payment until July 3, 2007; KRW 40,856,40 for the second part payment until October 3, 2007; KRW 40,856,40 for the third part payment until January 3, 2008; KRW 40,856,40 for the fourth part payment; KRW 40,856,40 for the fourth part payment until April 3, 2008; and KRW 40,856,400 for the last part payment until July 3, 2008; and KRW 40,856,400 for the remainder payment until the scheduled date of occupancy; and

The total sale price of the sales contract No. 107 of this case is 389,094.

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