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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 220,596,00 as well as to the Plaintiff from August 25, 2018 to May 16, 2019.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is the executor and seller of the business of newly constructing and selling a total of 272 E apartment units on the ground of Busan-gun D (hereinafter “instant land”) and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is a new contractor of the instant apartment unit.
B. Defendant B’s conclusion, etc. of a land trust agreement with Defendant B on November 17, 2016 (hereinafter “F”)
(B) A management-type land trust agreement (hereinafter “instant trust agreement”) under which the instant land is entrusted to F, the F newly constructed the said E apartment after entering into a contract for construction works with Defendant C, and the said apartment is sold in lots on terms of the sale price and conditions set forth in the business plan, and Defendant B shall pay trust fees calculated on the basis of the total sale price in F (hereinafter “instant trust agreement”).
2) Defendant C constructed the above E-unit building in accordance with the contract concluded under the instant trust agreement.
C. (1) On December 19, 2016, the Plaintiff concluded the instant apartment G (hereinafter “instant apartment”) with F on December 19, 2016.
2) The sales contract of this case is the sales contract of this case in 312,20,000 won (hereinafter “instant sales contract”).
A) The sales contract of this case was concluded. The sales contract of this case is written by F as seller, buyer, Defendant C, contractor and Defendant B as truster and beneficiary respectively, and the major contents of the sales contract of this case are as follows (F in the contract, Plaintiff C, Defendant C, and trustor are collectively named as Defendant B, respectively:
(i) Article 4 (Cancellation of Contracts) (1) A shall be deemed to waive the right to purchase and may rescind this Agreement, and on this reason not raise any civil or criminal objection against A.
(1) A shall make a down payment.