(영문) 의정부지방법원고양지원 2014.12.12 2014가단20656

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(영문) 의정부지방법원고양지원 2014.12.12 2014가단20656

계약금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 2, 2013, the Plaintiff entered into a sales contract (hereinafter “sale contract in this case”) with the non-party B, the buyer, and the Plaintiff, the representative of D, the responsible company, and the trust company, and the sales contract with the sales price of KRW 212,00,000,00 (hereinafter “sale contract in this case”).

B. The main contents of the instant sales contract are as follows.

Article 1 (Methods of Supply and Payment)

2. “B (referring to the Plaintiff)” must, without fail, deposit the proceeds of the sale in the designated account (referring to the Defendant) under the name of the managing agency of the proceeds of the sale in lots, and deposit the proceeds of the sale in the designated account (referring to the account of the proceeds of sale in lots) under the name of the managing agency of the proceeds of the sale in lots, and where payment is made in any other account or by any other means,

Article 2 (Trust Contract and Agency Contract)

1. “A” (as referred to above) has entered into a contract with “A” (as referred to as “A”, “A” and “A” and “B” and/or agency contract in accordance with Article 4 of the Act on Sale of Buildings in Units and Article 3 of the Enforcement Decree of the same Act, and accordingly, the sale price shall be managed by “A”.

2.The term “fixed”, as an agent trust for the project, shall carry out the management of the funds entrusted by “A” (including the passbook management), the seal of the sales contract which is the agent for the sales contract, the computerized management of the sales contract, the storage of the original and the succession of rights and obligations, and the responsibilities on the sales contract shall be borne by “A” as

3. The term “fixed” shall take charge of the management of funds, such as proceeds from sale, and shall not take responsibility as a seller (the same shall apply where the term “fixed” directly transfers to a seller). 4. At the same time as this Agreement is concluded, “B” shall also be the same.

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