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(영문) 서울중앙지방법원 2017.09.12 2016가단5197703
분양 계약금반환 등 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 51,183,561 and KRW 50,000 among them, 15% per annum from July 18, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The defendant is the contractor and seller of the apartment C which is reconstructed in Seoul B (hereinafter “the apartment of this case”).

B. From November 2015, the Defendant entrusted D (hereinafter “Nonindicted Company”) with the sales of the instant apartment from November 2015.

C. On November 3, 2015, the Plaintiff concluded a sales contract with the Defendant on the instant apartment No. 107 Dong 604, and the Plaintiff deposited the sales contract in the Defendant’s national bank account (Account Number: 531737-01-07649, hereinafter “instant account”) while entering into the sales contract.

On June 13, 2016, the Plaintiff sold the apartment ownership to a third party.

On July 13, 2016, E sent text messages to the Plaintiff to the effect that employee E who served as the chief of division in Nonparty Company sold 102 Dong 304, which had been unsold in the instant apartment, to the Plaintiff. The details thereof are as follows.

회사보유분 《마지막 1세대》조건변경 확정공급! 마지막 1세대에 한해서 《조건변경》의 “특별혜택”을 드리게 되었습니다.

No advance payment shall be designated.

E. Accordingly, the Plaintiff sent E a message asking for the terms and conditions of sale, such as the number of units sold, the selling price, additional costs, and whether the intermediate payment loans are regulated. The main contents of text messages sent by E to the Plaintiff are as follows.

102 No. 304,50

First, the special benefits from the last interest and the exemption from the last intermediate payment are one of the time to create an opportunity.

No additional cost shall be incurred.

Because of the regulation of intermediate payment loans, the premium is added.

It can be confirmed how much is low if the current officially announced values, the sale price, and the actual transaction price are compared.

After a month of down payment, there is no cost to enter more than 18,700 if the contract deposit is entered, and if it is sold or charged in the future, there is no cost to impose any further charge.

F. The plaintiff.

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