(영문) 수원지방법원안산지원 2014.07.03 2013가합5647

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(영문) 수원지방법원안산지원 2014.07.03 2013가합5647

상가분양대금반환 등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 16, 2011, the Plaintiff and the Defendant concluded a sales contract with the Defendant that the Plaintiff purchased the first floor 104 and 105 stores (hereinafter “each of the instant stores”) from Ansan-si, Seoul (hereinafter “instant stores”) on the following terms (hereinafter “instant sales contract”).

C. On May 31, 2011, the date of a contract for the payment of the remainder of the down payment (20%) (50%) in the former method of paying the total supply amount of value-added tax of KRW 942,34,00,000, KRW 56,540,040, KRW 998,874,040, KRW 998,874,000, KRW 282,700, KRW 282,700, KRW 200, KRW 471,67,00 for the sales price at the time of completion of construction on May 31, 2011, value-added tax of KRW 11,308,08, KRW 16,00, KRW 162,00, KRW 28,270, KRW 270, KRW 199,784, KRW 29,299, KRW 209, KRW 479,2940

B. Upon completion of the instant shopping mall around September 21, 201, the registration of ownership transfer was made in the name of the Defendant on September 21, 201 with respect to each of the instant stores, respectively, and the registration of ownership transfer was completed on February 25, 2013 for the first floor 104.

C. On April 2013, the Plaintiff entered into a rental contract with respect to the store No. 104 of the first floor among the instant stores, but the store No. 105 of the first floor is not yet leased.

Meanwhile, according to the instant sales contract, the Plaintiff paid KRW 799,774,810 out of the total supply amount to the Defendant.

(A) On March 7, 2014, after the filing of the instant lawsuit, the Plaintiff alleged that it paid KRW 115,52,290 to the Defendant additionally, but there is no other evidence to acknowledge it. 【The ground for recognition” / The fact that there is no dispute, entry in Gap evidence Nos. 1 and 4 (including the number of branches; hereinafter the same shall apply), and the purport of the entire pleadings.

2. Assertion and determination

A. The Plaintiff’s assertion that the Defendant incurred damages to the Plaintiff regarding the instant sales contract, and thus, the Plaintiff is obligated to pay KRW 144,580,770, which is a part of the amount of damages, to the Plaintiff.

① At the time of entering into the instant sales contract, the Defendant respectively.

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