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(영문) 수원지방법원 2017.01.20 2016가합70433
분양대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs, F (the spouse of the defendants), and G (hereinafter collectively referred to as "the plaintiffs, etc.") decided to undertake the business of constructing and selling the I building in the Suwon-si District in the trade name of H, and then newly constructing and selling the I building in the 7th floor above the third floor above the ground. On July 1, 2003, the plaintiffs, F (the spouse of the defendants), and G (hereinafter referred to as "the plaintiffs, etc.") completed registration of preservation of ownership as to each 6th portion of the newly constructed building.

B. The plaintiffs et al. prepared a sales contract with the defendant on October 30, 2006 with regard to the total sales price of the above I building No. 110-5, 6, 10, 12, 13, 14, 15, 16, 17, 18, 19 (total 10 units; hereinafter "each building before the merger of this case") on the first floor of the building No. 110-5, 6, 10, 12, 13, 14, 15, 16, 17, 18, 19

(hereinafter referred to as “instant sales contract”). C.

Each commercial building before the merger of this case was merged with the defendant on October 27, 2006, with the ownership transfer registration on October 20, 2006, and around May 16, 2008, the I building No. 110-1, 2, 3, 7, 8, 9, 11 of the I building No. 110-1, 2, 3, 7, 8, 9, and 11 of the I building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 7 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the party's assertion 1 Plaintiffs, etc. issued the registration of ownership transfer to the Defendant, who is the spouse of F, as designated by F, as the contract for sale in lots or for settlement under the contract for sale in lots. As such, the Defendant is obligated to pay the price for sale in lots as set forth in the contract for sale in lots to the Plaintiffs. Of the sale price to be paid by the Defendant, Plaintiff D was paid KRW 11,85,00 for each of the 11,85,00 won for Plaintiff B and C, and Plaintiff A was paid KRW 95,570,00 for each of the 15,570,000 for each of the 153,675,000 won for each of the above sales prices and the 19% from the day following October 30, 206 for the payment of the sale price.

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