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(영문) 서울중앙지방법원 2015.08.28 2015가합522595
분양대금 반환 등
Text

1. The Defendant shall pay Plaintiff A KRW 182,00,000, KRW 139,000 to Plaintiff B, and KRW 417,00,000 to Plaintiff C, and each of them.

Reasons

1. Basic facts

A. On July 16, 2004, the Defendant leased from D Co., Ltd. (hereinafter “D”) the first floor or fourth floor of the F Station E located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul for 30 years from the rent of KRW 75 billion.

The Defendant created a large shopping center in the name of “G” (hereinafter referred to as the “instant shopping mall”) in the F private housing station, and decided to divide it into at least 1,400 units, and leased the instant shopping mall store to a large number of buyers.

B. In addition, the Plaintiffs concluded a contract for the sale of the shopping mall store in this case (hereinafter referred to as the “sale contract in this case”) with the Defendant to pay development expenses under the pretext of the interior cost, promotion cost, etc. of the shopping mall, and the Defendant paid the sale price, advance payment management cost, and development cost (hereinafter referred to as the “sale price, etc.”) to the Defendant as follows.

Plaintiff

On June 19, 2006, the total amount of the cost for the sale in lots (cost) of store on the contract date for the advance payment management (cost) development (cost) development (cost A 130,000,000 2,000,000 50,000 182,000,000 B B on August 21, 2006 (100,000 1,000 1,000,000 1,000,000 38,000,000, 139,0000 C/30,000 C/30,000 30,000,000 30,000,000,0003,000,14,0004,000,000, 14,007, 100, 407, 210

2. Judgment on the main defense of this case

A. Since the plaintiffs and the defendant agreed not to raise a civil or criminal objection against the sales contract of this case, they asserted that the plaintiffs' lawsuit of this case is unlawful in violation of the above subordinate statute.

B. According to the evidence No. 1, the Plaintiffs and the Defendant have all rights and duties under a lease agreement with D around January 2014.

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