(영문) 수원지방법원 2020.01.31 2019가단554430

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(영문) 수원지방법원 2020.01.31 2019가단554430

분양대금 등 반환청구 강제조정신청

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The parties 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)

) The term “B hotel” on the ground D at Seopopopoposi (hereinafter referred to as the “instant building”).

(2) Around November 18, 2015, Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a contract for the management of sale and purchase of the instant building with Defendant B as well as a truster to newly construct and sell it.

3) On February 26, 2016, the Plaintiff concluded a sales contract with Defendant B for the purchase of the instant building E (hereinafter “instant sales contract”).

B) On February 26, 2016, the Plaintiff entered into the instant sales contract and paid 1) with Defendant B the purchase price of KRW 142,60,000 for the instant building E, but the down payment of KRW 14,260,00 shall be paid on the date of the contract, the intermediate payment of KRW 28,520,00 shall be paid on one occasion, and the intermediate payment of KRW 28,260,00 shall be paid on one occasion, and the two and five occasions shall be KRW 14,260,00 each, and the remainder of KRW 42,780,00 shall be paid at the time of occupancy, and the scheduled date of occupancy shall be changed according to the process, and the accurate occupancy date shall be determined later) during October 2017.

2) As above, Defendant B transferred the claim for the price under the instant sales contract to Defendant C, which was entrusted with the management of the sale of the instant building, and accordingly, the Plaintiff paid Defendant C the sum of the down payment and the intermediate payment out of the price under the instant sales contract to Defendant C. [The fact that there is no dispute over the grounds for recognition, and the purport of the entire pleadings is as follows: (i) No. 1-proof, No. 2, and No. 3; and (ii) the purport of the entire pleadings.

2. The Plaintiff’s assertion agreed to cancel the instant sales contract with Defendant B around February 10, 2017, and the Defendants jointly have the duty to return the amount stated in the purport of the claim out of the sales price paid by the Plaintiff to the Plaintiff.

3. Determination

(a)a contract to terminate or cancel a contract shall be:

유사 판례

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