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(영문) 서울중앙지방법원 2015.08.21 2014가합549265
분양대금반환 등
Text

1. The plaintiff's main claim is defendant Asian Trust Co., Ltd. and defendant B Co., Ltd.

Reasons

1. Facts of recognition;

A. Party status 1) The Plaintiff is an apartment complex E in Yongsan-gu, Seoul and above ground (hereinafter “instant apartment complex”) outside Yongsan-gu, Seoul.

(2) On December 18, 2009, Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Asian Trust”) concluded a management-type land trust agreement with the instant apartment on December 18, 2009, and was entrusted with the instant apartment sales business. The seller of the instant apartment, the seller of the instant apartment, and the B Co., Ltd. (hereinafter “B”) are the contractor of the instant apartment.

3) Defendant Nonghyup Bank Co., Ltd. (hereinafter “Defendant Nonghyup Bank”).

(3) Defendant Newan Savings Bank (hereinafter “Defendant Newan Savings Bank”)

(3) The Plaintiff’s bank is deemed to have concluded an intermediate payment loan agreement with the Plaintiff (hereinafter collectively referred to as “Defendant Bank”) only when the term “Defendant Bank” is collectively referred to as “Defendant Bank.”

B) On December 6, 2010, F entered into a sales contract with Defendant Asian Trust for the purchase price of KRW 1,089,50,000 (hereinafter “instant sales contract”). On the date of the said contract, F paid KRW 54,475,00 to Defendant Asian Trust for the purchase price of KRW 1,00,00,00 (hereinafter “instant sales contract”), and as B, as the contractor, B participated in the said sales contract.

On August 29, 2012, the Plaintiff comprehensively succeeded to the status of the buyer in the sales contract for the instant apartment No. 103 2305 from F.

Article 2 (Cancellation of Contract) (3) of the 2 (Cancellation of Contract) of the 2nd end of October 2013 (2013) scheduled occupancy date of the contract in this case may cancel this contract if the buyer can not move into within three months from the scheduled occupancy date due to reasons attributable to the defendant Asian trust.

except that.

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