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(영문) 인천지방법원 2013.11.29 2012가합19785
분양대금반환
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Defendant constructed and sold a total of 17 commercial buildings (hereinafter “the instant food sheet”) from “86 units” to “101” on the first floor of the pertinent building, which is operated by Fdco method, on the Yeonsu-gu Incheon.

B. On August 4, 2005, the Defendant sold to D 94 of the instant Pdcot (hereinafter “instant Pdcot 94”) KRW 518,940,000 as the selling price (hereinafter “instant sales contract”), and the exclusive use area of the instant Pdcot was indicated as 38.276 square meters under the sales contract.

C. On February 23, 2006, D transferred the rights and obligations under the instant sales contract to E, E transferred to F on March 2, 2006, and F on April 13, 2006, the rights and obligations under the instant sales contract to the Plaintiff respectively, and the Defendant approved the said transfer.

D paid 51,894,00 won for down payment on August 4, 2005, and 51,894,000 won for intermediate payment on November 10, 2005, respectively. The Plaintiff paid 51,894,000 won for intermediate payment on May 10, 2006, and 51,894,00 won for intermediate payment on December 11, 2006; 51,894,000 won for intermediate payment on December 3, 2006; 51,894,00 won for intermediate payment on June 14, 2007; 71,894,00 won for intermediate payment on June 14, 2007; 7,87,87,84,000 won for intermediate payment and arrears on October 5, 2008; 16,36,15,2016 and part of intermediate payment and arrears.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion 1) Contents of the Plaintiff’s assertion 30.616 square meters = 16.756 square meters for the exclusive use area of the main room with the inner diameter of 13.86 square meters (=282.41 square meters = indicated in the annexed drawing 1, 2, 3, 4, 5, 6, and 1.

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