logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.07.12 2017나304268
분양대금반환
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants are jointly and severally liable to the Plaintiff for KRW 150,000,000.

Reasons

1. Basic facts

A. (1) On September 4, 2013, the Defendants: (a) acquired the business rights of a collective housing development project in the name of the Plaintiff, H, and J under the name of the Plaintiff, H, and G, an owner of land, G, and H’s lien and/or agent of rights and authority; (b) provided that the Defendants would pay KRW 1,265,620,00 as the acquisition price, and a newly-built multi-household 13 households as the acquisition price (hereinafter “instant transfer/acquisition agreement”).

(2) 2) The method of payment of the said multi-household house 13 was to set up a real estate sales contract or loan sales contract to the transferor or the transferor’s designated person. The Defendants, among multi-household houses newly built on the first ground of Ansan-si, paid 6 households, G to 6 households, and K one household to 2 households, and one household to the Plaintiff. Within December 31, 2013, the Defendants offered all documents necessary for the registration of transfer of ownership by completing liability (approval for use) within the limit of December 31, 2013.

3) At the time, the Plaintiff owned part of the shares in I land in order to secure the amount of money lent to L, which was leased to G and H, with the Plaintiff. However, the Plaintiff consented to obtain the above loan 1 in lieu of repayment of the said loan. (B) On December 13, 2013, the Defendants partially amended the terms of the instant transfer/acquisition agreement with G, H and K. The main contents of the agreement were extended by September 30, 2014 by the contract date (the date of approval for use) until September 30, 2014, and the alteration was made to pay a multi-household 9 households and a multi-household 4 households to be newly constructed on the ground, which will be newly constructed on the first ground at the time of Ansan-si, and a multi-household 13 households to be paid to E.

2) According to the above modified contract, the Plaintiff received loan (tentative name M) 201 101 dong-si E and 101 dong-si, and on December 13, 2013, the sales contract form between the Plaintiff and the Defendants (hereinafter “instant sales contract”) between the Plaintiff and the Defendants.

3) The sales contract of this case was concluded.

arrow