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(영문) 서울중앙지방법원 2021.01.27 2019가합589077
분양대금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 2,132,574,200 as well as to the day of full payment from March 14, 2020 to the day of full payment.

Reasons

1. As to the claim against Defendant B

(a)as shown in the reasons for the attachment of the claim;

B. Judgment by publication of the basis of recognition (Article 208(3)3 of the Civil Procedure Act)

2. As to the claim against Defendant C

A. The facts of recognition 1) Defendant B Co., Ltd. (hereinafter “Defendant B”) is an executor of the business (hereinafter “instant business”) that newly constructs the 5th underground floor, 348 office rooms and neighborhood living facilities of the 17th floor above the ground and the 2nd floor above the Songpa-gu Seoul, Songpa-gu Seoul, and the 2nd ground (hereinafter “instant officetels”).

B) Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company that entered into a sales management trust, business agreement, and agency contract with Defendant B on December 4, 2014 with respect to the instant business, and the Plaintiff is the contractor of the instant officetel.

2) On December 4, 2014, the Plaintiff, Defendants, and E, etc. entered into the instant business agreement and a business agency agreement (hereinafter “instant business agreement”) with respect to the instant business, including the following matters.

Article 17 (Management, etc. of Sale Contracts) (2) The contract for sale in lots shall state the defendant B as the seller, the plaintiff as the completion date of the responsibility, and the defendant C as the substitute office trust company, and affix their seals thereon.

(4) The proceeds from sale shall be collected only by the account for the receipt of the proceeds from sale in the name of the defendant C, and the contract for sale shall specify the following provisions in order to clearly indicate the account for the receipt of the proceeds from sale in the name of the purchaser and to clearly indicate the scope of business pursuant to the protection of the purchaser

2. Defendant C is responsible for the management of funds, such as proceeds from sale, and is not responsible for the seller (the same shall apply where Defendant C directly registers the transfer of ownership to the buyer). 4. Defendant B transfers the claim for the sale price to the buyer to Defendant C.

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