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(영문) 부산지방법원 동부지원 2021.01.20 2019가단222463
분양대금반환
Text

1. Defendant D Co., Ltd.: (a) KRW 20,025,290 to Plaintiff A; (b) KRW 22,009,360 to Plaintiff B; and (c) KRW 17,880,470 to Plaintiff C, respectively.

Reasons

1. Basic facts

A. Defendant D (hereinafter “Defendant D”) related to the parties is a company that newly constructs and sells H hotel (hereinafter “instant hotel”) on the Busan Shipping Daegu F and G ground, and Defendant E Co., Ltd. (hereinafter “Defendant E”) is a company that newly constructs and sells the instant hotel. Defendant E Co., Ltd. (hereinafter “Defendant E”) is a company and a trial company that newly constructs the instant hotel.

Plaintiff

A and C are the multiple-minutes of the hotel of this case, and Plaintiff B is the one who acquired the adopted status from Plaintiff I, the two-minutes of the hotel of this case.

B. On February 13, 2017, Plaintiff A entered into a contract with the Defendants for the purchase price of KRW 200,252,90 with the hotel J of this case, and the Defendants paid KRW 20,026,00 as a down payment. On February 18, 2017, Plaintiff C entered into a contract with the Defendants for the purchase price of KRW 178,804,70 with the hotel K of this case and paid KRW 17,881,000 to the Defendants down payment.

B. On February 17, 2017, Luxembourg entered into a contract with the Defendants for the sale of the hotel L L of this case in KRW 220,093,60, and the Defendants paid down payment in KRW 22,010,000. Plaintiff B acquired the above supply contract’s bilateral status from I on July 11, 2019 (hereinafter “each of the above contracts entered into between the Plaintiffs and the Defendants”) (hereinafter “each of the above contracts entered into between the Plaintiffs and the Defendants). Defendant D and “B” on each of the supply contracts of this case are as follows (hereinafter “A”, “B”, “C”, and “C” are Defendant E, a seller and the corporation, Defendant E, the date of entry into the factory and construction: (the expected date of entry into the factory, the date of alteration and subsequent payment, and the date of entry into the factory and subsequent payment).

Article 1 【Supply Price and Payment Method】

5. “A” bears the order of appropriation for the payment of the sale price received from “B” as “B.”

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