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(영문) 서울중앙지방법원 2016.01.29 2014가합574544
분양대금반환 등
Text

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. Upon entering into a management-based land trust contract, Defendant L&Wnx Co., Ltd. (hereinafter “AWnx”) concluded a management-based land trust contract with regard to the new construction and sale of a D main apartment (hereinafter “D main apartment”) in Yongsan-gu Seoul, Yongsan-gu, etc. on December 18, 2009 as a contractor, as an executor, Defendant Asian Trust Co., Ltd. (hereinafter “AAA trust”).

(hereinafter referred to as the above Defendants and the East Asian Construction Industry together are referred to as the “Defendant implementer.”

(1) On May 6, 2011, the Plaintiff entered into a sales contract and paid down payment (hereinafter “sale apartment”) with Defendant Asian Trust, No. 101, 2102, a residential Dong of the instant apartment (hereinafter “sale apartment”).

2) The sales contract of this case provides that the sales contract of this case shall be 1,447,50,000 won for the sale price of this case (hereinafter “instant sales contract”).

(2) The sales contract of this case was signed and paid to Defendant Asia Trust a down payment of KRW 72,375,000 on the same day. Defendant Annbrid as a consignee, and Dong Construction Industry as a contractor, signed and sealed each of the instant sales contract. 2) The main contents of the instant sales contract are as follows.

D Article 2 (Cancellation of Contracts) (3) of the 2 (Cancellation of Contracts) of the 2nd end of October, 2013 (2012) (2) of the 2013 scheduled occupancy date of the apartment supply contract (2) may cancel this contract if the buyer is unable to move into within three months from the scheduled occupancy date due to reasons attributable to the defendant Asian trust.

Provided, That this shall not apply in cases of force majeure, such as natural disasters, wars, the withdrawal of cultural heritage, and administrative instructions, not attributable to the defendant Asian trust.

Article 16 (Procedures for Occupancy) (6) The defendant Asian Trust shall notify the buyer two months prior to the scheduled date of occupancy, and the first date of designation of occupancy shall be the defendant.

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