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Reasons
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(영문) 서울고등법원 2014.11.06 2013나2031845
분양대금반환
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Defendant sold a total of 17 stores from 86 to 101 (hereinafter “instant Pdcot”). The Defendant sold a total of 17 stores from 86 to 101 operated by Fdcot method on the first floor of the said commercial building in Yeonsu-gu Incheon (hereinafter “instant Pdcot”). The part indicated “themeccot” as “themeccot” in the attached Form 1 drawings.

B. On August 4, 2005, D sold KRW 518,940,00 of the instant food store (hereinafter “instant store”) from the Defendant to the sales price of KRW 518,940,00 (hereinafter “instant sales contract”). Under the instant sales contract, D’s exclusive use area of the instant store is 38.276 square meters, and its public use area is 46.796 square meters.

C. D transferred the status of the buyer of the instant sales contract to E on February 23, 2006 under the condition that the Defendant paid the down payment of KRW 51,894,000 on August 4, 2005 and KRW 51,894,00 on November 10, 2005, respectively, according to the instant sales contract, D transferred the status of the buyer of the instant sales contract to E on February 23, 2006. After that, E transferred the status of the buyer of the instant sales contract to F on March 2, 2006, and F transferred the status of the buyer of the instant sales contract to the Plaintiff on April 13, 2006, and both the Defendant approved.

Pursuant to the instant sales contract, the Plaintiff: (a) on May 10, 2006, paid the Defendant the remainder of KRW 51,894,00 in total; (b) on December 11, 2006, KRW 51,894,00 in total; (c) on June 11, 2007, KRW 51,894,00 in total; and (d) on October 25, 2008, KRW 77,841,00 in total; and (e) on March 26, 2010, KRW 10,510,325 in total; and (d) on March 26, 2010, KRW 82,975 in total; and (e) on March 26, 2010 in total, KRW 10,84 in total; and (e) on the remainder of the intermediate payment and arrears; and (e) paid the remainder of KRW 10814,54,15 and arrears;

On the other hand, the commercial building of this case was completed around January 2009 and registered in the collective building ledger on February 3, 2009, and the plaintiff was sold in lots.

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