(영문) 서울남부지방법원 2020.12.17 2019가단10891

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(영문) 서울남부지방법원 2020.12.17 2019가단10891

분양대금반환 청구

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1. The defendant shall pay 156,00,000 won to the plaintiff and 12% per annum from July 18, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 25, 2017, the Plaintiff was sold in lots at KRW 520,000,000 among the housing complex F, which was scheduled to be constructed on the Eth of Asia-si, Asan-si.

According to the above sales contract, the plaintiff may cancel the contract if it is delayed for at least two months from November 30, 2017 to the scheduled date of completion due to the reasons attributable to the above company.

B. According to the above sales contract, the Plaintiff paid KRW 156,00,000 for the first intermediate payment of KRW 104,000 on April 25, 2017 and KRW 156,00,000 for the down payment of KRW 52,00,000 on March 25, 2017.

C. Since then, the executor of the foregoing “F” changed from Company D to H, and on February 22, 2018, H sent notice to the Plaintiff, thereby confirming the details of the sales contract, and providing guidance to the Plaintiff, “the scheduled date of completion was postponed on June 20, 2018.”

However, in June 20, 2018, the Plaintiff would not complete the above sales contract by sending content-certified mail to D and H Co., Ltd. on July 4, 2018.

E. On January 2, 2019, H comprehensively transferred to the Defendant the construction and sale business of 15 bonds under construction among the above “F” 31 bonds, and the executor was changed to the Defendant.

According to the above business transfer contract, civil and criminal issues arising from the business conducted by H are also transferred to the defendant and dealt with the defendant's responsibility.

The housing sold by the plaintiff is included in the above 15 bonds that the defendant acquired the new construction and the sale business, and the defendant sent a notice on the change of the above executor's company to the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 5 evidence 1, 2, Gap evidence 2, Eul evidence 3-1, Eul evidence 2, the purport of the whole pleadings

2. The above “F”’s executor changed from D to H, and accordingly H confirmed the content of the sales contract along with the Plaintiff’s notice.

Therefore, H, a changed executive company, is a previous executive company.

유사 판례

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-수원지방법원 안산지원 2019.12.06 2019고합260

-인천지방법원 2020.09.17 2019가합55322