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(영문) 인천지방법원 2017.07.07 2016가합58085
공탁금출급청구권확인의 소
Text

1. On July 7, 2016, the trust for real estate (refinite) was established as the Incheon District Court No. 6513, Jul. 7, 2016; 356,249.

Reasons

1. Basic facts

A. The relationship between the parties 1) A is a trust of biological real estate (hereinafter “living real estate trust”) in the company A.

) From Seongbuk-gu Seoul and 97 lots D apartment, No. 103 Dong 1303 (hereinafter “instant apartment”).

2) The Defendants concluded the instant apartment complex agreement with the implementing company and the construction company, and each intermediate payment loan agreement with the Defendant A regarding the instant apartment complex, and extended part payments to the Defendant A.

B. A, including the cancellation of the apartment sale contract in this case and the occurrence of the claim for the refund of the sale price, filed a lawsuit against the trust of pre-sale real estate for reasons of the delay in occupancy of the apartment in this case, and on April 24, 2014 in this case, the conciliation was concluded to cancel the sale contract for the apartment in this case (Seoul High Court 2013Na76507, hereinafter “instant conciliation”), and the main contents of the instant conciliation are as follows.

1. The supply contract for the instant apartment on June 29, 2009 and the sales contract under the individual agreement dated May 10, 201 shall be rescinded between A and the trust for fresh real estate.

2. A provides all documents necessary to recover the deposit money of the Seoul Central District Court No. 10845, 2013, the date the conciliation of this case is completed.

3. As for the trust of real estate, 356,249,985 won shall be paid to A within five (5) days from the date of recovery of the deposit, on condition that the deposit shall be recovered from the Seoul Central District Court Deposit No. 10845, 2013, and the interest rate for the delay shall be 20% per annum.

4. A shall confirm that there is no money to be paid from a real estate trust with regard to cancellation of a sales contract under paragraph (1) in addition to the money listed in paragraph (3).

5. Paragraph 1 is to be entered into between A and a real estate trust by paying the amount specified in paragraph 3 to each intermediate payment loan-backed financial institution.

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