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(영문) 대구지방법원 2018.11.08 2018가합200765
매매대금반환
Text

1. The Defendant’s KRW 167,00,000 for the Plaintiff and 5% per annum from February 9, 2018 to November 8, 2018.

Reasons

1. Basic facts

A. The Defendant is a company established for the purpose of real estate trust business, etc., and is a seller of a building C, which is a neighborhood living facility in Daegu-gu B and two lots (hereinafter “C”), and the Plaintiff is a buyer of the building C205 (hereinafter “instant commercial building”).

B. On June 3, 2016, the Defendant applied for design modification of C building (hereinafter “instant design modification”) to the head of the Daegu Metropolitan City Suwon-gu head of the Gu, and the head of the Daegu Metropolitan City Suwon-gu head of the Gu permitted the instant design modification on the same day.

Before the modification of the design in this case, the term “Dry Area” means a ditch in which a retaining wall is installed in one side of the building by cutting around the building for the purpose of the prevention, lighting, and ventilation of underground floors of the Dry Area building at the mother of the public open space north of the building C.

In the front part of the building of the building of this case, a fireproof wall with a height of 0.8 meters for landscaping is installed, and the outer stairs width of the second floor on the north of the building of this case was scheduled to be 5,600 meters. However, due to the modification of the design of this case, the front part of the building of this case is installed with a concrete retaining wall with a height of 0.9 meters, which is 0.9 meters, and a fireproof wall with a height of 0.8 meters is installed on that part, and the outer stairs width of the second floor on the north side of the building of this case was changed to 3,500 meters, and was constructed after the alteration.

C. On June 8, 2016, the Defendant reported the sale to the Suwon-gu Seoul Metropolitan Government Office, and then published and advertised the public offering of commercial buildings. The above public offering notice and the sale price manager are indicated as the business entity (trust business entity, seller of the sale price manager), the Defendant, and the truster as the ordinary construction company (hereinafter “ordinary construction”).

On June 24, 2016, the Plaintiff concluded a sales contract for the instant commercial building (hereinafter “instant sales contract”) with the following terms and conditions, and the said contract is signed by the Defendant as the seller and the manager of the sales price, respectively, and the fixed construction is called as the “trustee.”

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