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Reasons
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(영문) 서울중앙지방법원 2018.06.20 2017가합570130
매매대금반환
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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 2016, the Plaintiff purchased, respectively, three stores (hereinafter “each of the instant stores”) from the Defendant among sales facilities and neighborhood living facilities (hereinafter “instant building”) newly built by the Defendant on the ground B in Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul (hereinafter “instant building”) as follows:

(hereinafter “each of the instant sales contracts”) No. 101 square meters A, 101 square meters (177.49 square meters, hereinafter “A-dong 101 commercial stores”).

(2) On July 18, 2016: A total of KRW 1,630,91,00 for purchase on July 18, 2016 (=65,741,00 value-added tax of KRW 65,740,00 for the construction cost of KRW 907,840,00 for land) - Part payments of KRW 163,09,100 for contract: 163,09,100 for intermediate payments - Total of KRW 815,495,50 for September 20, 2016 to May 20, 2017 - The remainder of KRW 652,396,400,400 for 205, 305, 205, 306, 405, 2005, 205, 305, 205, 207, 2005, 305, 197,7

(2) On July 29, 2016: A total of KRW 925,505,00 for purchase on July 29, 2016 (i.e., KRW 515,150,00 for land price of KRW 37,305,00 for value-added tax of KRW 37,305,00 for land price of KRW 515,150,00 for value-added tax - Part payment schedule for contract amount of KRW 92,50 for intermediate payment of KRW 92,50 for contract amount of KRW 92,50 for intermediate payment: A total of KRW 462,752,50 for September 20, 2016 to May 20, 2017 - Any balance of KRW 370,20

B. According to each of the instant sales contracts, the Plaintiff: (a) from July 2016 to May 20, 2017, the sum of the down payment and intermediate payment of KRW 2,208,282,60 from around July 20, 2017 = 163,09,50 in the aggregate of the down payment of the said store’s stores at KRW 815,49,50 in Adong 1012,39,50 in the aggregate of the down payment of KRW 143 in the said store’s stores at KRW 112,39,50 in Adong 143,50 in the aggregate of the intermediate payment of KRW 561,987,50 in the said store’s stores at KRW 120,500 in Ddong 120.

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