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(영문) 춘천지방법원원주지원 2016.09.01 2015가합6568
분양대금반환 등 청구의 소
Text

1. Defendant B Co., Ltd.: (a) KRW 5,882,352 to the Plaintiff; and (b) from October 27, 2015 to September 1, 2016 to the Plaintiff.

Reasons

Basic Facts

The Defendant Company is running the business of creating and selling E (hereinafter “E”) on the ground of the real estate of the total area of 53,000 square meters in Gangwon-gun D, Gangwon-do, which is a real estate complex for electric power generation (hereinafter “E”).

Defendant C is the F's wife, the representative of the Defendant Company.

The Plaintiff is a person who purchased a house and its site constructed in the instant project site from the Defendant Company.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and 4, the summary of the arguments by the parties concerned, the creation of the plaintiff's incidental facilities and the installation of the plaintiff's incidental facilities to the plaintiff are 2.2 billion won from the buyer of the plaintiff's e, and the buyer of the building in the size of 5.12, the construction of the building in the size of 512, the building in the resting space (green space) in the size of 2,000, the construction of books, events, observations, outdoor sports facilities (hereinafter collectively referred to as "ad hoc facilities for rest space"), the building of indoor gynasium equipped with facilities for the entrance, table, and billiard (hereinafter referred to as "on-site gynasium"), the construction of indoor gynasium equipped with purification facilities, and the construction of purification facilities. This agreement deals with the contents of the sales contract concluded between the plaintiff and the defendant company

Nevertheless, as the Defendant Company did not create or establish it, it has a duty to pay to the Plaintiff KRW 32,835,820 per household (=2.2 billion ±67 households, excluding H and Defendant C, on the premise that the buyer is a total of 69 households, under the premise that the buyer is a total of 69 households, and the Plaintiff calculated the remainder of 67 households, other than H and Defendant C. However, according to the overall purport of each statement and pleading in the evidence Nos. 3, 8, and 9, E-sellers can be recognized as 68, and there is no evidence to prove that some of the buyers have not paid the sale price, and there is no evidence to prove that some of them have not paid the sale price) and the delay damages thereof.

G.building;

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