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(영문) 수원지방법원 2017.09.21 2016가단42356
분양대금반환
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

Basic Facts

The Plaintiff and D and E entered into a multi-family housing supply contract with the Defendant with each of the following contents, with respect to G buildings on land, other than Pyeongtaek-si F, the Defendant sold in lots, as the sales price of which is KRW 98 million:

(2) On September 15, 2015, Plaintiff 1235 and Plaintiff 1234, September 12, 2015, as of September 12, 2015, 2015, the date of each supply contract concluded with the Defendant (hereinafter “instant sales contract”). D, on September 15, 2015, transferred the status of purchaser to his/her father C, and E, on February 27, 2016, drafted a contract for succession of rights and obligations between the Defendant and his/her father, and C and B drafted a sales contract again with their respective buyer.

The date of preparation of the multi-family housing supply contract (A evidence 1-2, 3) signed by the buyer C and B as the buyer is earlier than the date of preparation of each contract for succession to rights and obligations (B evidence 3-1, 2). The above supply contract seems to be written retroactively from the date of preparation.

Plaintiff, C, and B [including D and E (hereinafter referred to as “Plaintiffs, etc.”) collectively

[) Of the sales price under each of the instant sales contracts, the Defendant paid KRW 63.7 million each of the sales price under each of the instant sales contracts.

[Ground of recognition] In the absence of dispute, Gap 1, 2, and Eul 3 certificates (including each number), the plaintiff's assertion of the purport of the whole pleadings, and the plaintiff's assertion of each of the instant sales contracts, H employees of the sales agency delegated with the sales agency by the defendant to the plaintiff et al. at the time of entering into the sales contract of this case, the plaintiff et al. said that the sale was completed, and the "sale premium" was attached.

In addition, when the plaintiff et al. wishes, he would change the name of the third party and return the sales price to the third party at any time, and would pay money equivalent to the interest on the sales price by the time of change of name.

Therefore, the defendant is obliged to pay the amount equivalent to the sale price received on the following grounds to the plaintiff, etc.

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