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(영문) 서울중앙지방법원 2018.05.17 2016가합7130
계약금등 반환
Text

1. The plaintiff (Appointed)'s primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties are those who have concluded a sales contract with respect to some of the households of “G” (hereinafter “instant building”) located in the city-type residential housing building located in Cheongju-si. The Defendant concluded a land trust contract with H and truster Co., Ltd. and H and trustee, who owned the site of the said building, as the Defendant, and became the seller of each of the above sales contracts.

B. The Plaintiff, Appointers C, E, and Nonparty I concluded each sales contract with the Defendant with regard to each of the relevant households listed in the table “household number” column under the building of this case (hereinafter “each of the instant households”) as indicated below on the date indicated in the table “the contract date” as indicated below, with the same amount as indicated in the table “sale price” as the sale price.

(hereinafter “each of the instant sales contracts”). After that, D acquired the buyer’s status on November 11, 2015 from the first buyer.

Plaintiff Jho-ho (B)’s purchase price for the purchase of housing units (the purchase price for the purchase of housing units) of the purchaser household C Kho-ho (B) on April 8, 2015, KRW 76,97,97,000 on January 31, 2015, Nonparty I L (B) KRW 76,692,00 on June 4, 2015, KRW 76,692,000 on June 5, 2015, E M (E) (E)

C. On April 8, 2015, the Plaintiff paid 7.6 million won as down payment to the Defendant on April 8, 2015. From January 23, 2015 to November 23, 2015, the Plaintiff paid 46,194,000 won in total to the Defendant over six times in total. Thereafter, on April 28, 2017, the Plaintiff received 46,094,30 won as part of the intermediate payment from the Defendant for the return of intermediate payment from the Defendant. 2) The Selection C was the Plaintiff.

On March 30, 2016, the sale price of the instant building was fully paid KRW 76,997,000, and the registration of ownership transfer was completed on March 30, 2016.

3) The Appointor N paid the Plaintiff the down payment of KRW 7.6 million out of the sales price under the above sub-paragraph (b) to the Plaintiff. 4) The Appointor E shall be the Plaintiff.

The down payment of the sale price of the subsection.

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