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(영문) 부산고등법원 2021.02.04 2020나51900
부당이득금 등
Text

1. Of the judgment of the first instance court, the part relating to the Plaintiff (Counterclaim Defendant), AF, AO, AP and Defendant D shall be revoked.

Reasons

Basic Facts

A. 1) The Plaintiffs, including the status of the parties, etc., are both the corresponding Dong and Dong units recorded in the column of “Dong and Dong units” in attached Table 4 among the 8th ground F (hereinafter “the accommodation facilities of this case”) in the race-si, Gyeonggi-si, and the number of those units sold.

2) C Co., Ltd. (hereinafter “C”) is a company that has promoted the business of newly building and selling the instant accommodation facilities (hereinafter “instant business”). Defendant B is a trust company entrusted by Defendant C with the implementation of the instant business, and Defendant D is a bank that extended intermediate payment to both parties of the instant accommodation facilities.

B. (1) The Plaintiffs entered into each sales contract (hereinafter collectively referred to as the “first sales contract”) with C on the corresponding Dong and lake as indicated in the column of “Dong and lake” as indicated in attached Table 4 attached hereto in around 2016, and paid the down payment in attached Table 4 as the account in the name of Defendant B designated by C.

2) The first written contract for sale in lots was written as follows: “The scheduled date of occupancy is December 2017 (the scheduled date of occupancy may be changed according to the process, and the individual notification may be subsequently made if changed)”; the method of paying the sale price was written as “the intermediate payment (10%) at the time of contract and six times each on the designated date (10%) and the remainder (30%) at the time of completion.”

(c)

C The conclusion and management-type land trust contract between the Defendant B and C (the trustor), the Defendant B (trustee) and G (the City Corporation) shall conclude a management-type land trust contract as follows:

Article 14 [Constructioner, Liability Matters, etc.] (1) Defendant B shall have the rights and duties as project undertaker or project owner within the scope of trust property.

Article 16 [Performance of Sale Business, etc.] (1) C shall perform sale business, such as sale advertising and sale contracts: Provided, That it may be determined differently in consultation with G or preferential beneficiaries.

(2) The details of the advertisement for sale in lots, among the affairs related to sale in lots under paragraph (1), shall be as follows in advance to Defendant B.

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