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(영문) 서울서부지방법원 2019.07.24 2018가합40655
분양대금반환 등
Text

1. The defendant shall pay 278,093,800 won to the plaintiff and 12% per annum from December 20, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a sales contract with D hotel located in Seopopo City C (hereinafter “instant hotel”).

The Defendant is the executor of the hotel development project of this case and E Co., Ltd. (hereinafter “E”).

(2) The Plaintiff concluded the instant sales contract (hereinafter “instant sales contract”) with the Defendant as follows.

(3) On April 10, 2016, Plaintiff F, Plaintiff F, 15,00,000,922,00 G, A A15,00 on April 10, 2016, 15,000, 137,922,00 H on April 15, 2016, A5,00,000, 140,000, 140,000, 140,000,000 on April 15, 2016, 45,00,000,000, 938,000,000 on the date of concluding the contract (the date of concluding the contract) and the date of signing the contract are as follows. The Plaintiff may not demand the Defendant to cancel the contract by reason of natural disaster or cause attributable to the first scheduled date of occupancy in the contract (Evidence No. 21 to 3: the scheduled date of occupancy).

B. The Plaintiff paid the sales price to the Defendant a total of KRW 45 million under the instant sales contract on April 10, 2016 and April 22, 2016, and paid the Defendant a total of KRW 190 million as part payments.

C. On April 21, 2016, the instant hotel construction suspension period is the building according to the civil petition filing of a nearby hotel with the Defendant in relation to the instant hotel construction project.

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