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(영문) 제주지방법원 2018.11.29 2017가합13218
매매대금반환
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendants are co-representatives of the business chain, which newly constructs and sells J (hereinafter “instant hotel”) on the land outside I and two parcels in Jeju, and L Co., Ltd. (hereinafter “L”) is a contractor for the instant hotel construction work (hereinafter “the instant hotel construction work”) contracted by the Defendants.

1) L is obligated to complete the instant construction within February 25, 2017 based on the contract agreement. L is obligated to pay the flag in accordance with the terms and conditions of payment of the contract.

In order to procure insufficient construction costs, the defendants should deposit the 40 guest rooms into the M account including the balance after selling the 40 guest rooms by the end of September in cooperation with L.

The best shall be made to deposit the relevant gold in cash when a failure to sell in lots is made.

The Defendants and L shall sell ten guest rooms before the fifth intermediate payment loan is put in order to prevent shortage of progress payment, etc. and deposit them into the trust account including the balance, and if the construction cost is difficult to procure even through mutual efforts, they shall take measures to raise the construction cost by setting the discount rate in accordance with the special terms and conditions of the contract.

B. The Defendants and L drafted a written agreement on May 30, 2016 (hereinafter “instant agreement”) to smoothly resolve the instant construction project due to the dispute over construction costs and the suspension of construction works (hereinafter “instant agreement”). The parts relating to the instant agreement are as follows.

C. A total of seven guest rooms were sold through L pursuant to Article 3 of the instant agreement, and persons who succeeded to the status of the first seller and purchaser of the above guest rooms are L (Plaintiff A) or subcontracted companies (N Co., Ltd. and Plaintiff D Co., Ltd. (hereinafter “D”).

[2] The status of sale and succession is as follows: (a) the representative of the subcontractor (O, Plaintiff C, Plaintiff E, Plaintiff F) or affinity (Plaintiff B); and (b) the status of sale and succession is as follows.

The 1st transferee, the 2nd transferee, the 1st transferee, the date of the contract for the supply price of the family room.

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