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(영문) 의정부지방법원 2015.01.29 2013가합73688
추심금
Text

1. The Defendant: (a) KRW 36,054,137 for each of the Plaintiff A and B; (b) KRW 38,920,776 for each of the Plaintiff C; and (c) from December 7, 2013 for each of them.

Reasons

Basic Facts

The related plaintiffs of the parties are several buyers who purchased E apartment units on the plot of land, not D, and 1, and the future eggs Co., Ltd. (hereinafter referred to as the "Malale Co., Ltd.") newly built and sold the above apartment units.

On the other hand, Dasung Development Co., Ltd. (hereinafter “Dasung Development”) concluded an agency contract for the instant new apartment construction project with the future notice given around June 2009.

Around November 2007, the Defendant entered into an agreement on the guarantee of sale of the instant apartment building project (hereinafter “instant project”) with future-alkhys and future-alkys, and entered into the agreement on the management of the occupancy deposit (hereinafter “Agreement on the Management of the occupancy deposit”) with respect to the instant project on November 12, 2007.

The defendant, in accordance with the above contract for the management of the occupancy deposit, agreed to manage the occupancy deposit (including the sale price, the security deposit, the union member's charges, and other incidental revenues from the business) paid by the purchaser of the apartment of this case into the joint account of the defendant and future know-how, and to withdraw it to the future notice, the construction cost, etc. at the request of future notice-based weather, and the subcontractor.

In accordance with the Agreement on the Management of Occupancy Funds, the Defendant first managed the occupancy fund into the joint name account under the name of future known and the Defendant, and as the progress of the apartment of this case was delayed from October 14, 2008, the Defendant changed the above joint name account into the Defendant’s private bank account (Account Number 672701-01-519684) and managed it from October 14, 2008.

As the instant reservation future notice terminates on October 13, 201, Korea bank under the name of Korea Investment Securities Co., Ltd. (hereinafter “Korea Investment Securities”), which is a trust company, with the balance of the management account, such as the occupancy deposit in the name of the Defendant, as the contract for the guarantee of housing purchase with the Defendant terminates.

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