logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.02.11 2014가합26038
분양대금반환
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

The summary of the case is the case where the Plaintiff, the buyer of the apartment sales contract, seeks to return KRW 52,00,000 paid directly to the manager B of the Plaintiff, the seller of the apartment sales contract, etc. (hereinafter referred to as the “stock company from the time of the second title”) on the ground that the effect of the Plaintiff’s right to cancel or cancel the apartment sales contract ceases to exist due to the invalidity of the apartment sales contract or the grounds for cancellation or rescission, and seeks to confirm the existence of the obligation to KRW 50,00,000 out of the principal and interest of the intermediate payment, as part of a claim against the Defendant Nonghyup Bank, the creditor of the apartment sales contract, etc.

In fact, Defendant L&C entered into a land trust agreement on the premise management is an executor entrusted with execution, Defendant Asian Trust was an executor, and on December 18, 2009, Dong Construction Industry entered into a management-type land trust agreement with respect to the new construction and sale of D apartment units in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, etc. (hereinafter “instant apartment units”).

On December 24, 2010, the plaintiff and E entered into a contract with the defendant Asian Trust to purchase the above apartment unit of 102 Dong 1505 (hereinafter "sale apartment unit") in the supply amount of 1,041,50 won.

The defendant T&W E&S puts his name and seal on the apartment sale contract (supply contract) as the consignee, and the East A&A construction industry as the contractor.

The contents of the contract for sale are as follows:

Article 2 (1) (Cancellation of Contracts) (1) A (Defendant Asian Trust) of the end of October 2013 (which may be changed according to the process, and where it is changed thereafter) of the scheduled occupancy date, may cancel this contract where B (Plaintiff and E) has committed any of the following acts:

(1) Where the second down payment is not paid by the designated date, this contract shall be rescinded, and the first down payment shall be rescinded.

arrow