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(영문) 서울동부지방법원 2015.07.02 2014가단3680
계약금 및 중도금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant B owned some shares and 101 on the land of the D Housing Redevelopment Project. However, in the said rearrangement project, the said Defendant’s real estate was assessed to KRW 211,90,000, and according to the first management and disposal plan decided by the D Housing Redevelopment Project Association (hereinafter “instant association”) on October 21, 2007 at the general meeting of October 21, 2007, the value of the right to the said Defendant’s real estate was KRW 23,831,650 according to the proportion ratio of 110.35%, but according to the revised management and disposal plan that was decided by the general meeting of the said Union on July 27, 2011, the proportion ratio was 95.06%, and the right value was 201,432,140 won, and the association members calculated by deducting the amount of right from the new apartment was additionally accrued the share of KRW 329,510,510.

B. On September 6, 2013, under the brokerage of Defendant C, a licensed real estate agent operating a brokerage business in Jung-gu Seoul Metropolitan Government G, Defendant B sold to the Plaintiff the right to sell I 205 Dong 2004 on the land outside Seongdong-gu Seoul, Seongdong-gu, Seoul, and 522 lots, an apartment newly constructed pursuant to the said improvement project. At the time, the Plaintiff was notified that the right value of each of the above real estate owned by the Defendant B in the said rearrangement project site was KRW 201,432,140, and the relevant content of the contract prepared at the time

1) Details of the sale amount, such as the sale amount and the intermediate payment: The payment amount to be paid in the future of 405,729,000 won: 405,729,000 won: Where the seller violates this contract, the seller shall compensate for the double of the contract amount; where the buyer violates this contract, the down payment shall be deemed the seller.

3) Sales proceeds: 560,000,000 won: 30,000 won: intermediate payments paid at the time of a contract: 70,000,000 won - the balance paid on November 6, 2013: 460,000,000 won - the additional share of the purchase price after a contract is made on January 6, 2013; and 460,000,000 won - the additional share of the purchase price after a contract is made on January 6, 2014.

The plaintiff on 2013.

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