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(영문) 인천지방법원 2015.06.05 2014가합54911
분양계약 해지에 따른 분양금 반환
Text

1. The Plaintiff, the Defendant Cho Young-gu Urban Development Co., Ltd. was 299,200,000 won, and the Defendant Young-gu Co., Ltd. was 121,810.

Reasons

1. Determination as to the claim for the return of the sale price to the defendant's assistance city development, one partnership

A. The fact that the plaintiff filed a claim for the development of an urban development project against the defendant Cho Jong-gu, 1) was recognized on October 9, 2002, 1) The plaintiff is between the development of an urban development project and the development of an urban development project for defendant Cho Jong-gu, Incheon and 10 lots C (hereinafter the "

(2) On August 27, 2002, D concluded a contract for the sale of the instant apartment building No. 701 with the Defendant’s urban development on August 27, 2002, and the Plaintiff succeeded to the status of the purchaser of the said contract from D on December 20, 2002. The Plaintiff paid KRW 16,200,000 in total to the Defendant’s urban development deposit and the intermediate payment of KRW 33,200,000 (hereinafter referred to as the “instant contract for sale”). The Plaintiff paid KRW 16,20,000 in total to the Defendant’s urban development deposit and the intermediate payment of KRW 33,200,000 (hereinafter referred to as the “instant contract for sale”).

(3) On April 29, 2014, upon the commission of the registration of provisional attachment with respect to the instant apartment No. 810, the registration of provisional attachment was completed in the name of Defendant I Partnership on April 29, 2014, and the registration of provisional attachment was completed in the name of creditor E, claim amounting to KRW 121,493,760 (In Incheon District Court 2014Kahap655), creditor M Co., Ltd., and the registration of provisional attachment (in Incheon District Court 2014Kahap976) with respect to the instant apartment No. 701, the registration of provisional attachment was completed in the name of Defendant I Partnership on July 14, 2014 due to the commission of the registration of provisional attachment, and the registration of provisional attachment with respect to the claim for the registration of ownership transfer of preserved right was completed in creditor M Co.,, Ltd., and the registration of provisional attachment was completed in the Incheon Metropolitan City as the right holder on December 10, 2014.

⑤ The Plaintiff had already attached the instant apartment units 810 and 701 under a third party’s name to Defendant Cho Young-gu Development, one partner, as seen above, each of the said real estate.

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