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(영문) 서울서부지방법원 2014.12.04 2013가합7240
분양대금반환 등
Text

1. The Plaintiff:

A. Defendant C shall have full payment of KRW 1,138,00,000 and KRW 500,000,000 among them.

Reasons

1. Facts of recognition;

A. 1) The Defendants are each land D and E in Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant land”).

) Co-owners and co-owners holding 1/2 shares of each of the 1/2 shares and 12-household house (including a childcare center, hereinafter referred to as “the Bara house of this case”).

The Defendants are owners of the building. The Defendants are F Co., Ltd., Ltd. (hereinafter referred to as “City”) with respect to the construction of the instant loan housing.

(2) On November 4, 2011, the Plaintiff entered into a sales contract with the construction company and the second household units of the 3 and 4th household units of the 3 and the 4th household units of the 4th household units, which are scheduled to move into on March 3, 2012, and the actual sales price shall be KRW 500 million, and the actual sales price shall be paid KRW 500 million until January 9, 2012. The Plaintiff received a receipt of the Defendant C’s preparation, which was the representative director of the construction company.

3) At the time of the above sales contract, Defendant B prepared a written confirmation to the effect that “the obligation to sell the land in question has been succeeded to, and all responsibility therefor has been attributable to him.” Defendant C prepared a separate sheet to the effect that “the right holder of each site in question bears the obligation under the existing sales contract” on November 30, 201, Defendant C prepared a separate sheet to the effect that “the right holder of each site in question bears the obligation under the existing sales contract.” However, until March 2012, 2012, Defendant C suspended new construction after completing only the framework construction of the instant loaned house until March 2012, and the Plaintiff expressed his intent to cancel the said sales contract by delivery of the copy of the complaint in question.

B. From October 4, 2011 to May 3, 2012, the Plaintiff loaned a total of KRW 338 million to the Defendants.

Of the above loans, KRW 150 million shall be repaid at KRW 180 million until April 30, 2012, but interest on KRW 180 million shall be paid at the end of each month until repayment is made, and interest on KRW 1888 million shall be paid at KRW 20 million until May 15, 2012.

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