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(영문) 서울서부지방법원 2017.10.25 2017가합30583
분양대금 청구
Text

1. Defendant H indicated in Paragraph 7 of the attached Table 1 as to the real estate listed in paragraph 7 of the same Table to the Plaintiff.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The facts pertaining to Defendant H are separately examined in Article 2-2(b), and the remainder of the facts pertaining to the Defendants are examined in this context.

A. On October 25, 2002, the Plaintiff was a regional housing association that obtained the authorization of establishment to build a collective housing in the Mapo-gu Seoul Ndong, Seoul, and constructed an O apartment building on the ground of the above land (hereinafter “instant apartment building”) with the approval of the project plan as a joint project proprietor, with the approval of the project plan as a city corporation (hereinafter “Gyeongnam-gu”) and the joint project proprietor.

B. The president of the Plaintiff’s association from September 27, 2002 to March 7, 2008 is P. The president of the association from June 13, 2008 to September 26, 2009 is Q. R is the representative director of the SP corporation who vicariously performed the Plaintiff’s business from September 27, 2002 to September 26, 2009. T is a licensed real estate agent who performed the Plaintiff’s business around 2008.

C. The Plaintiff entered into a contract with U and B, C, D, E, and G (hereinafter “U, etc.”) to sell each of the pertinent real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate sales contracts”). The number of real estate units and units was not specified at the time of entering into each of the instant sales contracts, but at the time of entering into each of the instant sales contracts. The Plaintiff held a general meeting of its members and entered into a general meeting of its members on October 18, 2008.

Since then, around 2009, the Plaintiff prepared and delivered a written contract for each of the instant sales contracts to U.S., and only affixed the seal of U et al. and the Plaintiff’s joint seller’s seal, and the sales price is written to be deposited into the national bank account (hereinafter “designated account”) in the name of Gyeongnam company.

[Attachment 1] Defendant B 1, 206-12-06, the sale price of real estate, which is the date of a contract by the buyer, was 447,784,520 of real estate listed in [Attachment 1] Paragraph (2) of [Attachment 1] around around 426,427,820 of real estate listed in [Attachment 1 List C 207-01-12.

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