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(영문) 서울중앙지방법원 2015.12.17 2015가합17406
분양대금반환 등
Text

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. The Defendant is an executor of a business that newly constructs and sells officetels, urban residential housing, or commercial buildings (hereinafter “instant officetel”) on the ground of 1,019 square meters in Pyeongtaek-si B large-scale 1,01 square meters.

B. As to the instant officetel, the Plaintiff concluded each sales contract with the Defendant as indicated in the following table:

(hereinafter referred to as “instant sales contract”). (Unit: The exclusive area of the unit) / The remainder of the down payment for the sales contract on the date of entering into the sales contract area / The sales contract area / The sales contract area / The remainder of the down payment for the down payment for the down payment for the down payment for the down payment for the down payment for the down payment for the down payment for the down payment for the down payment for the down payment for the down payment for the down payment for the down payment for the down payment for the down payment for the down payment for the up payment for the down payment for the down payment for the up payment for the up payment for the down payment for the up payment for the up payment for the up payment for the up payment for the up payment for the up payment for the up payment for the up payment for the up payment for the up payment for the up payment for the up payment for the up payment 9,341,000,934, 279, 700, 751, 20585, 2085.

C. In the instant sales contract with the Defendant, the Plaintiff paid the down payment (10% of the parcelling-out price) on the contract date, and the intermediate payment (70% of the parcelling-out price) in seven installments, and the remainder (20% of the parcelling-out price) was agreed to be paid at the time of application for completion inspection.

According to the instant sales contract, the Plaintiff paid the Defendant a total sum of KRW 91,104,100 (i.e., KRW 69,934,100 on KRW 65,585,00 on KRW 8th 6th 6th 6th 6th 6th 25,585,000 on KRW 25,585,00 on KRW 8th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 60,600 on KRW 153,510,000 on KRW 8th 6th 6th 6th 6th 6th 6th 6th 6th 600 on KRW 153,510,000 on KRW 8th 8th 637,728,700.

E. From August 2013, the Defendant commenced the instant construction of the instant officetel, and obtained approval for the use of the instant officetel from the head of Pyeongtaek-si around July 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, 4, and 15-2, the purport of the whole pleadings

2. The plaintiff's assertion

A. The sale price in the sales contract of this case is almost two times compared to the similar flat apartment that is sold in the vicinity, and in light of this point, the sale price in this case is almost two times.

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