logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2011.09.07 2010가합124552
분양대금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant K Co., Ltd. (hereinafter “Defendant K”) is an executor who constructed and sold a M building located in Suwon-si L (hereinafter “instant commercial building”). Defendant K non-Real Estate Trust Co., Ltd. (hereinafter “Defendant K non-trust”) is a trustee who was entrusted from Defendant K with a L lot 5,582.10 square meters (hereinafter “instant commercial building site”) located in the said commercial building site, which is the site of the said commercial building.

B. On December 17, 2008, Defendant K and Defendant KB trust concluded a trust agreement with respect to the instant commercial site site as follows.

[The main contents of the instant trust contract is to protect the buyer by preserving and managing the ownership of the trusted real estate (including the case where the completed building is additionally entrusted), and to settle the trust real estate by disposing of it by realizing and disposing of it in the event of nonperformance of obligation borne by Defendant K, in accordance with Article 1(Trust of Building Units Act) of the same Act (the purpose of this trust) of the same Act is to build or sell a new building on the trusted real estate by Defendant K in accordance with the "Act on Sale of Building Units".

Article 12 (Protection of Purchasers) Where a truster is unable to implement a project due to a default, bankruptcy, etc., or where a trust contract is terminated and settled halfway due to any other reason, it shall be paid first to the return of the sale price by the purchaser, etc. in preference to other right holders, such as preferential beneficiaries, etc. of trust property

C. On December 12, 2008, Defendant K filed a report on the commencement of the instant commercial building at the time of acceptance, and completed the construction on February 16, 2009, after starting and completing the construction, Defendant K obtained approval for the use of the instant commercial building from Young-si on March 26, 2010.

The Plaintiffs enter into a sales contract with Defendant K for each shop in the instant commercial building from January 2009 to December 2009 (hereinafter “instant sales contract”). At that time, the Plaintiffs entered into the sales contract with each shop in the instant commercial building.

arrow